Real Estate Problem

A buyer made an offer to purchase an apartment building. The seller inserted language in the offer that the deposit was to be released out of escrow and was not refundable if buyer defaulted. The rents listed were not enough to cover the loan buyer proposed in the purchase offer. The Buyer demanded that his deposit be refunded and the Seller refused. The Broker represented both the buyer and the seller, but took the seller's side in the matter. Buyer initiated litigation and then brought in a trial attorney. After a multi-week trial the jury returned a verdict for the buyer against the seller and the broker.