When is a non-refundable deposit refundable?

April 10th, 2010
By: Erich Schiefelbine, Stephens Friedland LLP

Recently, in Kuish v. Smith, 181 Cal. App. 4th 1419 (2010), the Fourth District Court of Appeal addressed the issue of when a non-refundable deposit in a real estate transaction is actually refundable.   The answer may be:  In a rising market. Kuish entered into a written agreement to purchase Smith’s home in Laguna Beach for […]