We sold our house without an agent. Buyer's agent made their offer on a standard C.A.R. form. After "Close of Escrow to occur on" their agent wrote "subject to sale of
Answer
It sounds as though the answer in your situation should be no. You have presented a scenario where there is no "meeting of the minds." In other words, you have two separate agreements - the buyer's agreement and your agreement, but the two do not match. In legal terms, you do not have a contract.
Answer
I agree. The duty to give a deposit and the right to receive and retain one arises out of the contract. Where the parties fail to agree upon the essential deal terms, there is no contract and no right to retain a deposit.
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