The sellers did not complete the work they agreed to and now refuse to return our deposit money. What are my legal rights?

ADDITIONAL INFORMATION:
What are allowable damages for real estate misrepresentation under Massachusetts law? We signed a P & S with the sellers which had multiple items that were supposed to be completed by the seller prior to closing. They did not complete the work and now refuse to return our deposit money.  What are my legal rights?

ATTORNEY ANSWER:

The situation described is a breach of contract on the part of the Seller.  In such a case the Buyer would and should commence a lawsuit for the return of the deposit.  Prior to initiating the lawsuit I would recommend sending a 93A letter, demanding the return of the deposit within 30 days.  Chapter 93A is a Massachusetts consumer protection statute which allows treble damages and attorney’s fees in certain situations.  93A does not always apply, but the threat of multiple damages and attorney’s fees can sometimes motivate the other side to become more reasonable.   If a lawsuit is initiated I would also seek an immediate attachment of the property in question, making sure the Seller cannot convey it to anyone else.

The Massachusetts real estate attorneys at WSJ. serve the Brookline, Massachusetts community including the neighborhoods of Brookline Village, Aspinwall Hill, Chestnut Hill, Cleveland Circle, Coolidge Corner, Longwood medical, and Washington Square.