What can I do if the agent is refusing to return my deposit?

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What can I do if the agent is refusing to return my deposit?

Postby admin » Fri Apr 22, 2016 11:28 am

I paid a deposit in October 20014 for a property in wembley, marketed by Property4Abroad (the agent) and the vendor listed as Prienesur. After 1 year of promises that the contract was ready for signing, they tried to increase the price. I refused and asked for my money back.

The agent Property4Abroad then said they would do the deal at the same price, but again no contract has been sent to me. I have now asked for my depsoit back again, and am being told that under Spanish Property law the original contract is ongoing with no end date as none was originally agreed in the deposit form (despite the deposit form saying that a contract outlining the terms and conditions needed to be supplied in 21 days by the vendor, which didnt happen)

To be really helpful the Agent has now said that I need to instruct a lawyer if I want the deposit back. Apart from the unethical approach, my view is that any reasonable court would say that a 14 month period without even receiving a contract to sign or agree a date would invalidate any deposit terms and conditions. I woudl welcome your views



Daniel98
Posts: 16
Joined: Thu Apr 21, 2016 3:28 pm

Re: What can I do if the agent is refusing to return my deposit?

Postby Daniel98 » Fri Apr 22, 2016 11:29 am

I have to admit that the situation would be funny if it was not for the fact that you have paid money! The agents don’t seem to be acting on your behalf at all and the fact that the price was increased after you paid a deposit is totally unacceptable.

Analyzing the matter a bit more closely it is crucial to determine where the funds have gone since several scenarios are possible:

That the agent did not transfer the deposit to the developer because of financial problems of the former.
That the agent did not transfer the deposit to the developer because the developer sold the unit to someone else, or pushed the price up (unlikely with Prienesur as they are trying to get rid of numerous units at their developments in Duquesa/Manilva and Benalmadena).
That the agent did transfer the deposit to the developer and the latter says now that you have lost your option due to passing of time.


For you information, I have dealt with Property4Abroad in the past on a couple of occasions and I do believe they are still trading, which is obviously important if they still have the deposit (option 1).

If option 2 or 3 are applicable we then need to know who signed any documents on your behalf as you presumable a) never gave power of attorney to the agent and b) you never signed or ratified any contract.

If you fill us out with a bit more information I will be able to propose a legal way forward, which you are then free to take up.

Regards


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