Problems Getting Refund Following Cancellation - Page 7

Peter Mitry · #61 16-03-2008, 09:50 PM

The problem is Sue that under the terms of their agreement with the Developer they were probably entitled to their commission once the contract had been signed and the 30 or 40% had been paid. This means that 'legally' they are under no obligation to refund your money. Your best chance is to appeal to their 'moral' obligation which may mean you will be better negotiating with them and reaching an amicable settlement.

queenie40something · #62 16-03-2008, 10:24 PM

Hi Peter - I think that was Sues point that they are taking the commission when she did not sign a contract. So where does she stand in this case.

Peter Mitry · #63 16-03-2008, 10:52 PM

If she did not sign a contract then normally the agent would not have been paid. I have NEVER accepted money from a client; it is the Developer who pays after the contract is signed. However, I know some agents who prefer to take money up front to make sure they get their commission regardless. This is deplorable and if that is the situation with Sue then she should take whatever action she feels appropriate. The bottom line is no contract, no commission because the sale never took place.

lovesquadsue · #64 17-03-2008, 12:05 AM

Quote:

Originally Posted by Peter Mitry

The problem is Sue that under the terms of their agreement with the Developer they were probably entitled to their commission once the contract had been signed and the 30 or 40% had been paid. This means that 'legally' they are under no obligation to refund your money. Your best chance is to appeal to their 'moral' obligation which may mean you will be better negotiating with them and reaching an amicable settlement.

HI Peter - thing is we never signed a contract! I have tried since last November to appeal to their nice nature but this has failed! My solicitor is looking at now whether we need to sue the solicitor as he shouldnt have released the money to the developer or the agent as we didnt sign the contract or if we can go directly to the agent - he thinks we may be able to do this because of some of the written correspondence I have from them.... its just a waiting game at the moment!

Peter Mitry · #65 17-03-2008, 09:54 AM

Best of luck with this Sue; sounds lack a massive 'c*** up' all round. No one should have touched your money until contracts had been signed and no lawyer should have released funds to either an agent or a Developer. Was this a UK lawyer?

lovesquadsue · #66 17-03-2008, 10:09 AM

Quote:

Originally Posted by Peter Mitry

Best of luck with this Sue; sounds lack a massive 'c*** up' all round. No one should have touched your money until contracts had been signed and no lawyer should have released funds to either an agent or a Developer. Was this a UK lawyer?

Unfortunately not - he is an Egyptian Lawyer who lives in the UK but it not a member of the uk law society - he was but his membership expired a while ago and was never renewed...... Yes yo are defo right - a massive balls up on everyones part - including ours for being too trusting of the agent!

Emu49 · #67 18-03-2008, 12:50 AM

Yours is a srange tell. We know that El Riad paid up, but the agent, has not. I just don't think its so simple as not signing the contract. I think that they can argue that by paying the 40%, you wanted to proceed. Verbal agreement followed by the action of paying the deposit. It looks tricky. You just have to decide if you will spend more money with the solicitor chasing the commission. I think your case proves that all the people that says its easier and better to go with a UK developer and agent are not right. I think it was a Egyptian developer and estate agent, you will have got your money by now.

You still have not told us the name of the uk agent

realestatemart · #68 18-03-2008, 01:09 AM

Quote:

Originally Posted by Emu49

Yours is a srange tell. We know that El Riad paid up, but the agent, has not. I just don't think its so simple as not signing the contract. I think that they can argue that by paying the 40%, you wanted to proceed. Verbal agreement followed by the action of paying the deposit. It looks tricky. You just have to decide if you will spend more money with the solicitor chasing the commission. I think your case proves that all the people that says its easier and better to go with a UK developer and agent are not right. I think it was a Egyptian developer and estate agent, you will have got your money by now.

You still have not told us the name of the uk agent

good comment Emu we hope he give us more information

Peter Mitry · #69 18-03-2008, 02:25 AM

Sorry Emu, I totally disagree; the money was paid to the lawyer in 'good faith' as a stakeholder until all contractual issues were resolved and the client signed the contract. Until that point there is no contract and the money should have remained in escrow.

RedSeaVision.com · #70 18-03-2008, 02:44 AM

Quote:

Originally Posted by Peter Mitry

If she did not sign a contract then normally the agent would not have been paid. I have NEVER accepted money from a client; it is the Developer who pays after the contract is signed. However, I know some agents who prefer to take money up front to make sure they get their commission regardless. This is deplorable and if that is the situation with Sue then she should take whatever action she feels appropriate. The bottom line is no contract, no commission because the sale never took place.

I agree with you Peter completely. If a contract was never signed, the agent should have been paid their commission.

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