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Thread: Can the estate agent keep the deposit?

  1. #1
    Junior Member
    Join Date
    Sep 2011
    Posts
    1

    Angry Can the estate agent keep the deposit?

    Our (supposedly respectable) estate agents are trying to keep the deposit for the sale of our villa when the buyers pulled out because they couldn't get a mortgage. The estate agent told us they were cash buyers, 5 months later it all fell apart when the couldnt get the funds. Our solicitor and our estate agent friends say the law is on our side and we should have the deposit as the sale fell through from no fault of ours. The agent still refuses to hand over the money owed, even though our solicitor has also told him its against the law. We have told the agent again what he's doing is against the law and that we will take our story to the AIPP, newspapers, tv, etc as well as filling in the complaints book at his business, denouncing him and eventually to court. He also has never given us a factura for that so isn't he also technically stealing this deposit? Also that must mean he's fiddling the tax as no bill with vat has been risen? His latest reply is that we have threatened and slandered him and he's been advised to sue us!!! I presume the threats are the BBC! and the slander because I reminded him that he had 'previous' for this scam as he tried to keep TWO deposits that fell through when my Uncle sold a property through him several years ago, but he had eventually paid up. I have to say I'm fuming at the cheek of the bloke. Is there anything else I can do/say that will get me anywhere with this estate agents? Ultimately I would like them to pay my deposit, all my costs (lawyers etc), be heavily fined by the junta, get some really bad publicity to warn others and be put in the stocks!!!! And anything else horrible you can think of...that's legal of course!

  2. #2
    Senior Member
    Join Date
    Oct 2008
    Posts
    139

    Default Agents deposit

    Hello,

    If the agent keeps your deposit and you do not have an agreement with him allowing him to do so, he is allegedly missapropriating these funds and therefore, could be incurring in criminality. This should be made clear to him, giving him 10 days to react failing which, you should be filing straight with the Courts. The media is an option but only when you have invoked your rights and gone to the Courts.
    Antonio Flores
    Abogado/Lawyer
    Lawbird Legal Services | Contact Me
    Instagram | Read my Blog

  3. #3
    Junior Member
    Join Date
    Jun 2012
    Posts
    1

    Default

    This is not legal at all. I had the same issue and in the end the agent return the money.

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