Developer wants his money back

[Unregistered]

Hi Good Evening
I was an Estate Agent selling propertys, One of them was to a " New Resort " back in 2005/2006
As usual in a lot of off-plan Developments the Resort has not been finished,
Some Clients have still completed some have decided to take the Developer to Court,

The Company had all but closed( no transactions have gone through for over 2 years)

Friday we recieved a Burofax Letter from the Company saying 5 years later they want there commision back as some of the Clients has not completed

I take it I need to reply soonest but just wanted to ask for you veiws on the subject

Many thanks in advance,
I also no they read your webpage so any sensertive answers maybe it would be better to contact you bt e-mail ?

Regards

[Unregistered]

Hi Again


Sorry but dont want to confuse you the line that says

The Company has all but closed ( No transactions have gone through for 2 years )

We mean Our Company not the Developers

Hope this explains it better
Regards

[Patricia]

Dear Sir/Madam,

Welcome to the belegal forum.

The sale and commission agreement must be reviewed in order to find out if the developer has the right to request the refund for the commissions paid for those sales that have resukted unsuccesful and therfore not finally completed. In the event that, as per the contract clauses, they are certain about their right, we have the following question: As you mention that your real estate company is currently closed, has it been formally closed following the legal procedure?

If the company is officially closed, you are not held responsible for the refund of the commissions. On the contrary, if the formalities needed have not been taken care of as yet, you are still responsible for the debts of the company to third parties.

Regards,

[Unregistered]

Dear Patricia ,

Because of the nature of our enqiry we sent Raymondo an e-mail with the contract attached last week on the 9th of April,
If you could e-mail be back some of the answers to the questions we asked then we would look to some form of legal action

Many thanks in advance

Best Regards