It's not even as simple as proving the buyers actually did satisfy the conditions and therefore breached the contract. You may have to prove that you suffered damages and loss because of the failed contract. For example if you get a second offer right away at the same price, you really are not out anything besides inconvenience. The judge might award you a month of carrying costs and send the deposit back less those costs. In general, whenever you feel like you're getting money for nothing, it's probably not real.
Also, I think your realtor is entitled to take commissions as required on the deal. So the 10k would likely go his or her way first. That may have changed though.
I also think that legally no notice is required to return deposits any more. Like you used to have to inform the sellers that the deposit was being returned and they could ask to have it held until a court decided the case. Now the buyers just have to ask the lawyer to return it and at that point it's quite fruitless to pursue it when there is no longer money in trust.
|