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The realestate Agent is not returning my deposit

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  • The realestate Agent is not returning my deposit

    Hello everyone,

    I hope someone out there is able to help me as I am devastated with what the real estate agent is doing to us.

    We viewed a house and decided to put an offer. The offer was accepted and the agent said that we have to pay a deposit and sign a reservation form. He said because it is a brand new development and a brand new house then it is very normal in the UK to pay a deposit. So we paid £3,000 deposit and signed the reservation form that states:

    Reservation Procedure (Subject to Contract): Following reservation, an exchange of contracts is required within 28 days. In the even that you either withdraw from the transaction or are unable to exchange contracts within the specified period, the vendor reserves the right to withdraw the contract, at which point your reservation fee would be returned less £500 to cover administrative costs.

    Few weeks ago (after the 28 days were over), we were advised by our lawyer of some new findings. We sought professional advise from surveyors etc and we were advised not to go ahead with the purchase of this house.

    We (mum, my husband and I) viewed the house and met with the real estate agent about 4 times. Each time I asked the agent a specific question and her answer to my questions was always NO. At the end, our lawyer found that the answer to my question was in fact YES. I rang the agent’s manager and he insisted that we were told about this specific issue from the beginning which is totally untrue.

    Now to cut the story short, the agent is refusing to return out deposit saying that we took ‘well over the 28 days’ and for that reason the developer does not want to return our money. He read the above reservation procedure for me over the phone yesterday and tried to convince me that this statement in English means that the developer can take all the money. I said that English is not my first language but I could still read and understand English and that sentence does not give the right to the developer to take all the deposit. He insisted that it is his right to take the deposit and said to me ‘let your lawyer deal with it’. Well we do not want the lawyer to get involved as this will cost us a lot of money and besides we do not feel he has the right to take our deposit.

    Please advise me what to do next. We have lost a lot of money for the surveyor, the mortgage broker, the bank and the lawyer and we do not want to lose more. Please tell me what can I do to get my money back. The agent is very racist and it is very disturbing dealing with him as he tries to make me feel that I am a foreigner and do not know the rules here. By the way, he ignores all my calls, my emails etc which clearly shows his disrespect to foreigners.

    Many thanks
    6
    Yes
    66.67%
    4
    No
    33.33%
    2

  • #2
    Have you spoken to the real estate agency manager yet?
    You can find me at: Energise Web Design

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    • #3
      The realestate Agent is not returning my deposit

      Hi Drelly,
      Thank you for your email.

      Yes I have spoken to the realestate manager and he is the one who advised me that the developer has decided not to refund your depsoit. And he is the one who was very rude to me and called me a foreigner and that I don't know the rules here in UK! I told him that the reservation form clearly stats that the deposit should be refunded but he tried to convince me that that statement in English means that the developer is entitled to keep the deposit!

      Any adivse?

      Many thanks.

      Comment


      • #4
        Originally posted by Saba View Post
        By the way, he ignores all my calls, my emails etc which clearly shows his disrespect to foreigners.
        While I empathise with your situation, I disagree with the above statement.

        All it "clearly shows " is that he is just your average non-communicative REA.

        Unfortunately, with the attitude being shown by the agency, your only recourse might be to pass it onto your lawyer.

        All the best
        G
        Premium Villa Holidays in Turkey

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        • #5
          Not that you want to hear this - but it is an example of why you involve your lawyer 'before' signing anything...and especially before you hand over any money.

          Best to seek legal advise now - and a letter from a Lawyer maybe all it will take to open the discussion with the RE Agent & Developer.

          Cheers,

          Donna
          Email Sign Up - New Discussions, Monthly Newsletter, About PropertyTalk


          BusinessBlogs - the best business articles are found here

          Comment


          • #6
            I am so sorry that this had to happen to you, unfortunately many high-street agents are corrupt. I have had a bad experience a few years ago when I moved into London. The city seems to breed some scummy people. Just remember to do some research and seek for the best option for you. And don't sign anything until you have read it properly, which may or may not require a lawyer.

            To be honest, if you have dropped your agent and are looking for other ways I would suggest using an online estate agent. I have tried uPad and it was alright, and then I tried eMoov and found it better. So do some researching and see what is good. They are cheap so that is always a benefit.

            Has everything been sorted? or are you still fighting for your deposit?

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            • #7
              This sounds horrible, but yes I would go straight to your lawyer. Do not send any engry e-mails, or phone calls, as this can just make the situation worse. Get someone who knows the law involved, and let them guide you.

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              • #8
                i also suggest following up with a lawyer - you may be in the right here.

                any update?

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                • #9
                  hehehe the last three responses are nearly 3 years late - an easy mistake to make. I guess it's all sorted by now!

                  cheers,

                  Donna
                  Email Sign Up - New Discussions, Monthly Newsletter, About PropertyTalk


                  BusinessBlogs - the best business articles are found here

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                  • #10
                    Hmm.. Opps. Better late than never? Maybe not... My mistake.

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                    • #11
                      woopps! i also didn't check the date - just trying to help...

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