The will not refund my earnest money deposit of $32,000. I am unable to obtain a mortgage because my employer closed and I am currently unemployed. My husband just returned from Iraq and finally found a part time job at TSA. His income is not enough and they won't refund our deposit, claiming it's not there fault if we can't get a mortgage and that they we forfeited our deposit.
Judy Hollister their sales director, told me not to worry that they will refund my deposit if I was not able to find a job and qualify for a mortgage. Then when I asked them to return my deposit, she told me that they will not refund it and to refer me to their Legal counsel—Rod O'Donoghue. He was the most rude and unsympathetic person I have ever encounter. He told me that I forfeited my deposit by not closing, when the contract states that they will refund my deposit if I am unable to obtain a mortgage pre-approval.
So now, I have to go through arbitration in New Bern, where they are located, with an arbitrator of there choice, which I have to pay for, and whatever that arbitrator decides is final. I don't have the money to hire an attorney to represent me and desperately need my deposit back since I am not working an my husband's part time income is not sufficient for us to sustain our family.
I have contact Judy Hollister, the sales director, Rodd Odonoghue their legal counsel, Dicky Walia the developer and SANJAY MUNDRA, the owner of the Soleil group and they are not even returning my calls. Now, I have to wait for arbitration while they sit on my deposit money. They are all a disgrace. Please be careful when you signed their sales contract and make a deposit, because if you can't close for whatever reason, you will forfeit your deposit. They don't care if you are unemployed, on welfare, if your husband is deployed in Iraq or if he died in Iraq, you will still have to close or forfeit your deposit. It took us a year to save up for that money and now they are just going to steal it.
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