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Ian Watt Personal Real Estate Corporation - Sotheby's International Realty Canada

Blog by Ian Watt

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Don't Assume the Deposit is Going to Be The Sellers When The Buyer Walks Away

Vancouver Condo Real Estate Video Blog #527 - April 7, 2010

Don't Assume the Deposit is Going to Be The Sellers When The Buyer Walks Away

Ian Watt video blogs about how if the buyer walks away from the deal before completion it doesn't mean that the deposit goes to the seller. There are only 3 ways a deposit can be taken out of a trust account; by mutual agreement between the buyer and the seller, by completion of the contract, or by court order. If you want to voice your opinion or if you don't care for Ian's comments please email your feedback to ianwatt@ianwatt.ca and visit http://www.ianwatt.ca/RealEstateVideos for all the Ian Watt Real Estate Video Blogs.

Ian Watt: Hi Good Afternoon, it's Ian Watt in Downtown Vancouver. Interesting thing happen to us the other day. We had a buyer who bought or put roll on and off on a property that we were selling. My clients are loading up there truck or packing getting everything going they get a phone call because the buyer is walking away from the deal and on completion date did not complete on a property. Now everyone just assumes that well the guys can walk away from his deposit and the sellers will get it. Well that's not entirely true there's only 3 ways you can get the deposit out of a trust account that's by court order by mutual agreement from the buyer and the seller or when the deal completes. When the deal didn't complete you're not gonna get 2 parties to agree in this situation. So we have to go to court that's probably the only way that this people are going to see a part of that deposit. But everyone just assumes that deposit is that of the seller. But it's not true at all that deposit is in the trust account and it might take legal action before anyone can touch that deposit. They might have to negotiate and take it fifty fifty. Who knows but nonetheless that deposit is not necessarily the sellers. My name is Ian Watt and if you have any questions. You can always email me at ianwatt@ianwatt.ca. Thank you very much and have a great day!