AboutJohn Souerbry Expertise I'm a broker/consultant specializing in real estate investment. Whether you're currently an experienced investor or just getting into the business, I can help with investment strategies, business planning, deal analysis, negotiating, financing, and property management issues. Regardless of whether the property is residential, commercial or bare land, large or small, I help you increase profitability through sound decision making and effective business management. I also work as part of your estate planning to team (estate attorney and tax pro) when you are planning to leave real estate to your heirs or when you are receiving real estate as part of an estate disposition.
Experience I have experience in buying/selling residential and commercial real estate, property management, financing, and assistance with estate planning and disposition.
Organizations National Association of Realtors; California Association of Realtors; Silicon Valley Association of Realtors
Education/Credentials BS, Business Administration
MBA, Global Management
Past/Present Clients I have worked with individuals holding one or two properties and with clients and estates holding over 40 properties of many different types (apartments, condos, single family homes, land).
Question My fiance & I put a $500 deposit made out to escrow to start the process of a possible purchase on a brand new mobile home from agents of manufacturer. We are located in So. Ca. We signed a deposit disclosure contract made by the manu's agent, which primarily states their responsibilities to ensure their right to the deposit and that if they cannot carry out those responsibilities then the escrow company will refund our deposit. If we simply back out we must forfeit our $500. After the offer was accepted, the manu agent claimed they found us the loan my fiance & I wanted and that an increase of deposit was required. The increase they wanted was from $500 to $3000. My fiance & I did not agree to that increase, therefore we have backed out and was sent the cancellation form. On the cancellation form, the manu agent is claiming the $500 and my fiance & I get nothing. We have refused to sign the cancellation because we think we should get our refund. In response to the 1st cancellation, we sent a letter requesting a refund and new cancellation form showing the refund. Attached with the letter, we sent a printout of the e-mail they sent us regarding the increase in deposit. We received a 2nd notice (probably not in response to our letter) adding that if we didn't sign by a certain date they will take us to small claims. We have no problem going to court because we would like to get our $500 back, but we are wondering if we would win and get our refund back? Additionally, doesn't the increase of $3000 void the initial signed deposit disclosure hence the intiial $500 should be refunded to us? If you think we should be refunded, should we send another letter in the same context as our 1st in hopes we don't have to waste our time going to court with this? If we do end up appearing in small claims, can we claim additional settlement to compensate for missed work hours and possible extended mileage? Would it be possible if the manu agents try to get more than $500 from us?
~Thank you!
Answer I'm not licensed for mobile home sales, so I can't give you a useful opinion regarding your contract (mobile homes and real estate are two separate licenses in CA). Normally a deal is broken if the seller tries to change the terms, but you will probably need to consult with an attorney or take your chances in court to settle this one.
John
