# WHALENS HIDEAWAY - DISPOSITION CONTRACT SUMMARY

## Key Terms from Contract:

**Purchase Price:** $137,500
**EMD (Earnest Money Deposit):** $7,500 (NON-REFUNDABLE)
**Balance at Closing:** $130,000
**Settlement Date:** February 25, 2026 (TODAY)
**Closing Agent:** Boss Law, PLLC

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## CRITICAL CONTRACT CLAUSES:

### 1. EMD Terms (Section 4)
- **$7,500 is NON-REFUNDABLE** upon signing
- Deposit held as "liquidated damages" if Buyer fails to perform
- Seller can retain deposit if deal doesn't close due to Buyer

### 2. Closing Costs (Section 8)
- **BUYER PAYS ALL CLOSING COSTS**
- Title fees, insurance, lender fees, recording fees
- This is where the $13K+ came from that wasn't in the original $18K estimate

### 3. Zoning/Evaluation Impact
- Property was deemed "rural" after evaluation
- This increased down payment by **$6,875**
- This was NOT disclosed until evaluation was completed (yesterday)

### 4. Settlement Date Extension
- Seller can extend up to 14 days
- But they're not obligated to

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## YOUR POSITION:

**You're in a tough spot:**
- ✅ You have a valid contract
- ❌ You didn't know about the rural zoning impact until yesterday
- ❌ The $13K in closing costs weren't in the original estimate
- ✅ You've been dicked over before (Sherman Bridge x2)

**What they're counting on:**
- You're emotionally invested
- You don't want to lose the $7,500
- You're not prepared to litigate

**Your leverage:**
- They want THIS deal to close (they're a wholesaler)
- You can threaten fraud/misrepresentation claim
- You can walk and they lose the deal

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## RECOMMENDED RESPONSE:

> Tyler,
>
> I've reviewed the contract. Here's my position:
>
> 1. The EMD is $7,500. I paid it in good faith based on YOUR numbers.
> 2. You said $18K cash to close. That's what I budgeted for.
> 3. The rural zoning issue came back YESTERDAY - one day before closing. I notified you Feb 2nd that Kiavi needed access.
> 4. The $13K in closing costs (title + insurance) were never disclosed until now.
> 5. I don't have $32K. I was counting on $8K.
>
> **Here's my offer:**
> - I close TODAY with the $7,500 EMD and whatever funds I have available
> - The balance of the closing costs ($13K+ that weren't disclosed) comes OUT of your seller credit
> - We split the difference on the undisclosed fees
>
> **If you won't budge:**
> - I walk and you keep my EMD
> - I file a complaint with the Florida Real Estate Commission for misrepresentation
> - I consult an attorney about fraudulent inducement
>
> I've been burned twice before by New Western partners. I'm not making that mistake again.
>
> Let's close this deal fairly or we're done.
>
> - Chad

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## BOTTOM LINE:

**Your best play:** Negotiate. They want this deal closed more than you want to walk. They're a wholesaler - they need the deal to close to make their fee.

**Don't let them bully you.** The contract says they can keep the EMD, but you can argue:
- Misrepresentation of material facts
- Failure to disclose known costs
- Bad faith dealing

**I can help draft a stronger legal-sounding letter if you want.** 🔥
