Quote:
Originally Posted by dave99
1. The UK agent can only have been authorised by the developer to be given any commission I would have thought, and therefore the developer should have the ability to recover this if no sale contract has been signed - the problem could be in the terms of the agent agreement.
If the UK agent is now aware that you have cancelled I can see no acceptable reason to keep YOUR money (maybe a small amount for admin).
2. In most legal systems canellation fees must be "reasonable" and can only be claimed to covered "costs" for example, commisison / admin / lost profit etc. - if the apartment you cancelled on has been resold for the same or more money then there is very little cost incurred (maybe admin costs).
3. It is possible that the developer is following the accepted route for refunding since you were never the source of the money as far as he is concerned.
Just to be clear:
- you say that you did not sign any agreement with the lawyer
- but did you actually signed a contract with the developer agreein gto the 15% cancellation fee ??
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To confirm - no we didnt sign an agreement with the lawyer and we havent signed anything from the developer either - contract or otherwise.
We have not signed anything at all - from any party.