my mother-in-law was to close on the sale of her townhouse next week. The inspection and everythign else has been fine, until 2 days ago when we heard that the buyer had a small dog. The HOA states no dogs alloweed and this is 55+ community. The kicker, they buyers agent has sold a unit in here before and apparently never asked the onwers if they had any pets. The MLS ticket states no pets and the buyers have had the by-laws for 2 weeks. The buyers want to split the deposit, but she is not willing to. The buyers should have never been shown this property. The pet issue was disclosed in the listing ticket and they had the by-laws. What to do ? Can we go after the buyers agent also? like i said before, he has sold a unit in this complex and I am sure he knew that no pets were permitted. The buyers attorney said that the buyers agent told the buyers not to mention the dog and just slip him in sicne ther eare other dogs that were grandfathered in before the changes in the HOA..... please help

You're absolutely correct in requesting the escrow.

Keep in mind that in most Florida listing contracts, the Seller is entitled to 50% of the escrow and the agents are to split the other 50%.

Typically agents give all of the escrow monies to the seller if the Buyer defaults, however this is not a requirement.

If the seller can collect 50% with no questions asked, and not split or share the escrow with the agents she should take it and move on to the next buyer.

Just curious but how was the fact that the buyers have a dog discovered? How did you hear about it?

Why would the prospective buyers having a dog today alter your obligation (or theirs) to complete the sale? What they do once they take possesion is none of your concern.