Man gets home down payment back after feud

Seven On Your Side
March 28, 2012 8:14:12 AM PDT
A man's $25,000 down payment on a home was being held by a squabbling family despite his contract.

It was his dream house, a single family home on a neat little block in East Flatbush.

Joe DaSilva worked night and day to afford it.

"That type of money just does not come by very easily. Years and years of hard working," DaSilva said.

"How many jobs did you work to save your $25,000?" 7 On Your Side's Nina Pineda asked.

"I would say three or four jobs," DaSilva said.

He made the down payment in June, and was supposed to close by August.

Instead here we are in March and DaSilva has no home and no deposit back.

"I asked for my refund they said they cannot give it to me," DaSilva said.

"They" are the sellers, adult children left the house in their parents' will, whose squabbling over the sale, held DaSilva's hard-earned money up in court.

It turns out one of the brothers left this home didn't want to sell it so he was fighting with the other brother.

In the meantime, Joe DaSilva's lawyer amended his contract of sale, giving them another 30 days to close, or his client would get his full deposit back.

They didn't make that deadline.

DaSilva's contract was crystal clear, he was entitled to his deposit back, but the family was feuding over the deed and title and their refused to release his $25,000.

"She said at the time that she couldn't return the money and I could do whatever I choose to do to bring a resolution to the matter," DaSilva said.

He chose to get on the internet and email 7 On Your Side.

In the meantime, the seller's wrote out a check for the full deposit with a warning to DaSilva's lawyer not to cash it.

But after 7 On Your Side got involved the check was in the mail.

"So the deposit was finally released," Pineda said.

"Yes it was thank you very much," DaSilva said.

He's got his $25,000 back, and chance to find a new house for him and his fiancé.

"It was great, I can say 7 On Your Side is on the side of the people," DaSilva said.

He even got $7 of interest.



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