Not if the contract has a mortgage contingency clause and the reason for the buyer not getting a mortgage is reasonable. Unless the buyer fails to diligently apply for the mortgage or does something to purposely get denied the buyer should be able to get their deposit back.
718.979.4300
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If a buyer can't get a mortgage can I keep the contract deposit?

 

A: Not if the contract has a mortgage contingency clause and the reason for the buyer not getting a mortgage is reasonable.  Unless the buyer fails to diligently apply for the mortgage or does something to purposely get denied the buyer should be able to get their deposit back.




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Decker, Decker, Dito & Internicola
1610 Richmond Road
Staten Island, NY 10304
Phone: 718.979.4300
Fax: (718) 351-3514
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