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Deposit on purchase of property
Post here if you have a house, villa or apartment for sale in Quesada.
Deposit on purchase of property
by Big Wheeler » Thu Feb 03, 2022 2:26 pm
My property was for sale for several months until an offer was made and accepted and a deposit paid to the agent.Over a year passed until the agent advised me that the purchaser could not afford to buy and pulled out.In the meantime I had accrued several expenses in anticipation ofthe sale such as lawyers fees,various certificates to be paid for and aborted travel costs among others.The agent has refused to refund me any of these costs or even the deposit.And I do feel sympathy for the buyer.Could anyone give a position on my legal case on recovery of these costs.My own lawyer is on the point of taking action but I don't want to spend too much money chasing what may be a lost cause.
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Re: Deposit on purchase of property
by jpeg » Thu Feb 03, 2022 2:38 pm
Providing a contract was signed and the property was taken off the market then if the buyer pulls out of the sale for reason other than something to do wit the property the deposit paid should be given to the seller and it should never have been paid to the agent it should of been paid to your solicitor , it is obvious that the agent is keeping the deposit as commission
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Re: Deposit on purchase of property
by Juanita » Thu Feb 03, 2022 5:44 pm
You are entitled to have the deposit paid if the purchaser withdraws. The money is yours not the Agents. Definitely pursue this through your Solicitor. Are you able to disclose who the Agent is??
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Re: Deposit on purchase of property
by Big Wheeler » Thu Feb 03, 2022 6:10 pm
Thanks for the replies.The purchaser pulled out because he couldn't raise a mortgage.I gave him a year and he retired of his own accord.
The original contract was signed with one agent who presumably was bought out by 2 subsequent companies.I didn't physically sign with the last agent.I don't think I can't name this company as the matter is "sub judice." I will say that the last I heard they were in Gran Alacant.
The original contract was signed with one agent who presumably was bought out by 2 subsequent companies.I didn't physically sign with the last agent.I don't think I can't name this company as the matter is "sub judice." I will say that the last I heard they were in Gran Alacant.
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Re: Deposit on purchase of property
by Chrisdee » Thu Feb 03, 2022 6:12 pm
Perhaps it depends on the contract you have with the estate agent? Our buyers paid 5k which we were given a week after they paid it but if the buyers pulled out we'd have to give 2k I think it was to the estate agent.
Juanita wrote:You are entitled to have the deposit paid if the purchaser withdraws. The money is yours not the Agents. Definitely pursue this through your Solicitor. Are you able to disclose who the Agent is??
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