# Developer won't return deposit



## Glazer FC (16 Oct 2008)

I paid a EUR 2k refundable deposit to <name deleted>, the developer of <development deleted>.

When we backed out of the purchase, he said he would return the deposit.
Months later, and we have received nothing from him. His <office deleted> secretary always claims that he is not there, and that the mobile number I have for him is valid. He won't answer the mobile (even when I hide my number), and it never goes to voicemail, so he obviously isn't using it. Needless to say, he won't return my messages.

Has anyone had a similar experience trying to get a deposit back from a developer, or even an estate agent? 

I'm hoping someone out there has a way to sort this out!


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## Complainer (16 Oct 2008)

Was there an estate agent involved, or did you write the cheque directly to the builder?


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## ajapale (16 Oct 2008)

Please observe the posting guideline No 7. 

Do not make allegations about named or easily identified individuals.


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## johnjoda (16 Oct 2008)

Hi, are you sure the deposit was refundable ? as a deposit usually secures your interest in purchase


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## Glazer FC (16 Oct 2008)

Hi,

Sorry about breaking the posting guidelines. Won't happen again.

The deposit was paid direct to the developer's company, and not to an agent. We agreed at the time that the money was refundable (we had not completed the loan approval process with the bank, so I made sure to be explicit about that)

Thanks.


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## bacchus (17 Oct 2008)

Glazer FC said:


> Hi,
> We agreed at the time that the money was refundable



in writing?


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## jhegarty (17 Oct 2008)

johnjoda said:


> Hi, are you sure the deposit was refundable ? as a deposit usually secures your interest in purchase




Unless contracts are a signed a housing deposit is always refundable...


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## shesells (18 Oct 2008)

It's possible he has voicemail but it's not set to divert. Diall 08x5 and then the 7 digit mobile number. That should connect you to their voicemail.


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## Stifster (18 Oct 2008)

time for the small claims court. I think it would be classed as a consumer claim.


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## ajapale (19 Oct 2008)

Stifster said:


> time for the small claims court. I think it would be classed as a consumer claim.



No. This is not correct.

The procedure is not available for use by one business person against another. (contract between property investor and property developer).


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## Ris (19 Oct 2008)

I had similar problems getting a house deposit back. It took nearly six months! Write to him and register the letter. Always put things in writing. Best of luck


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## Stifster (19 Oct 2008)

ajapale said:


> No. This is not correct.
> 
> The procedure is not available for use by one business person against another. (contract between property investor and property developer).


 
Where does the OP say they are an investor? Where is the contract? 

Sure, if they aren't a consumer then they can't use the SCCt and should just go to a solicitor.


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## ajapale (19 Oct 2008)

Stifster said:


> Where does the OP say they are an investor? Where is the contract?
> 
> Sure, if they aren't a consumer then they can't use the SCCt and should just go to a solicitor.



This is the  Property Investment forum.


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## Glazer FC (19 Oct 2008)

Thanks all for the suggestions.

The Small Claims Court Registrar said that this is something they would NOT deal with - they handle consumer claims (faulty goods, that kind of thing).

The developer actually rang me on Friday and said that he would post the cheque that afternoon... so I will wait until next week before looking into maybe getting a solicitor (at what cost though?) to follow up.

Cheers.


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