Wethersfield Grandmother Fights to Get Deposit Returned

A simple good-faith deposit turned into a five-month battle for a Wethersfield woman buying a home.

After years of watching children, and some grandchildren, grow from an apartment down the road, Margarita Herrera felt like it might be time to upgrade.

“They said no you don't need to buy a house. And I said no I do, I need it,” Herrera said.

Last summer, she found a three bedroom home just one town over in Newington. She paid $1,500 as a good faith deposit, plus a little more for a routine inspection the following week.

The inspector found problems in the garage, the attic and the roof.

“The roof in the front, they added another layer of shingles and [the inspector] told me by law it's only two layers, not three,” Herrera said.

Another problem: Herrera was closing in on her deadline to terminate the contract and hadn't heard whether the seller would fix the house's problems. Her broker filed for an extension, but the seller never signed it.

So a week later, she asked the seller to release her deposit. He refused, and instead agreed to make the necessary repairs.

By this time, Herrera no longer wanted the house. She wanted her money back.

But the seller said it was too late for that; she waited too long to cancel the contract.

That debate started in October.

“I feel like they’re taking advantage of me. And that's not right,” Herrera said.

When she had nowhere else to turn, she called NBC Connecticut Responds.

We settled the timeline with Herrera, her broker, the seller and his broker. The seller told us he never saw her request for a deadline extension.

After five months and dozens of phone calls and emails, the seller decided he would release Herrera’s deposit after all.

Herrera told NBC Connecticut, “I think it means a vacation!”

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