Email Threat from Lawyer

[Brandon Malone]

Hello Biggerpockets. I'm actually writing this post for a friend. She has a basement rental and drew up an agreement for the rental. She has a holding deposit and contract states that if property is taken off the market and renter decides to backout, they forfeit the rental deposit. The prospective renter signed the agreement and the property was taken off the market. However, several days later she emailed around midnight saying she can no longer move forward with the rental. By 10am, she emailed back again stating that she wants to move forward. My friend spoke to her and she stated that her boyfriend forced her to send the email sent at midnight. My friend decided not to rent to her based on the original email sent at midnight and kept the $500 holding deposit. She received an email from a law office requesting immediate return of $500. Does anyone have any insight on whether she has any rights here. I think this is a situation of learning, she's definitely not objecting to return the $500 but in principal wants to know who is in the right.

[Kevin Sobilo]

I don't see the issue if she is planning to return the $500. 

I think in a case like this where the person said their bf made them send the email or whether the person might say that the bf sent the email without their knowledge that you would be hard pressed to show that the person intended to back out. 

So, I think your friend should be glad this person isn't pushing to actually follow through with a lease and to rent the place. 

I would pay the $500 back and move-on, knowing that I'm doing it because its MY CHOICE to avoid a flaky troublesome tenant NOT because they emailed to back out.