Refund Demand for house line-is it valid?

Refund Demand for house line-is it valid?

johnmolinda@yahoo.com (John Molinda)	10/6/2004 2:29:09 PM
A few months ago when the Phoenix, AZ housing market was in full boom I sold my spot in line at a new builder's lot to a rich lady from New York. There were only 5 houses left on the site and 400 people in line. She paid me $15,000 cash for the spot in line. I told her that if the builder didn't allow this I would refund her money. The builder did let her take my spot, she signed all the paperwork for the house, and put down her earnest deposit. Now 5 months later I get a letter from this lady. Because the market is slowed down and there are no more lines and the houses aren't appreciating $50k/month anymore (she wrote she intended to sell the house right away because she thought it would make huge $ quick) she wants all of her money back that she paid me for the spot in line. I'm screwed because she now owns the house and lot. She is threatening me with legal action. Does she have a valid claim at all?



Say not the Struggle nought Availeth	10/7/2004 5:46:50 PM
No. There was a contract for a specific performance. The contract has been fulfilled, she got the spot in line, you got the money. Her intentions are not relevant to your contract. The subsequent market relapse is not relevant to your contract. She can sue you, however. That is, if she finds an attorney to take the case. Good Luck. J. John Molinda wrote: A few months ago when the Phoenix, AZ housing market was in full boom I sold my spot in line at a new builder's lot to a rich lady from New York. There were only 5 houses left on the site and 400 people in line. She paid me $15,000 cash for the spot in line. I told her that if the builder didn't allow this I would refund her money. The builder did let her take my spot, she signed all the paperwork for the house, and put down her earnest deposit. Now 5 months later I get a letter from this lady. Because the market is slowed down and there are no more lines and the houses aren't appreciating $50k/month anymore (she wrote she intended to sell the house right away because she thought it would make huge $ quick) she wants all of her money back that she paid me for the spot in line. I'm screwed because she now owns the house and lot. She is threatening me with legal action. Does she have a valid claim at all?



"I approved this message"	10/13/2004 5:36:36 AM
Did she sign a contract? What does the contract say? "John Molinda" <johnmolinda@yahoo.com> wrote in message news:a083454.0410061329.345f8f60@posting.google.com... A few months ago when the Phoenix, AZ housing market was in full boom I sold my spot in line at a new builder's lot to a rich lady from New York. There were only 5 houses left on the site and 400 people in line. She paid me $15,000 cash for the spot in line. I told her that if the builder didn't allow this I would refund her money. The builder did let her take my spot, she signed all the paperwork for the house, and put down her earnest deposit. Now 5 months later I get a letter from this lady. Because the market is slowed down and there are no more lines and the houses aren't appreciating $50k/month anymore (she wrote she intended to sell the house right away because she thought it would make huge $ quick) she wants all of her money back that she paid me for the spot in line. I'm screwed because she now owns the house and lot. She is threatening me with legal action. Does she have a valid claim at all?

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