Problems Getting Refund Following Cancellation

[lovesquadsue]

ah good thought - I will get my docs out later and check that out!
thanks! xx

[queenie40something]

Hi Sue if you have the docs it should state it as a seperate price of around £20. If in doubt just call them and ask them if you have it.

[NoMoreHotels]

Originally Posted by rossantony

just read through this thread from start to finish..

can someone tell me who exactly the "agent" in any deal represents?

doesn't an agent represent, both the developer and the client?

It looks in this case that the agent is only looking after his own interests by refusing to refund the commission, taking into consideration no contract was signed, and the developer has agreed to refund.

I have always thought it is the duty of the agent to represent their clients interests. If the developer and the buyer have agreed have agreed on a refund, then shouldn't it follow that the agent has settled one clients interests and not the others, and thus failed in his duty to which he is employed?

It looks like the agent is playing poker, and is taking the stance that he would be happy to go to court, rather than pay back the money. If he wanted to pay it back he would of settled months ago.

Is there anyway a buyer can demand refund of money owed, in an official way, without incurring legal expenses?

Sometimes calling somebodys bluff forces the hand.

This is not advice, because its probably wrong to do it, but I would feel like doing three things.

1. Call their sales line, and tell the salesperson you will keep calling their sales line, so they will make no new sales, until they go out of business. That should put a bit of fear into them. Hopefully they will have a freephone number. Keep them on the line as long as possible. Do this Monday mornings. And Tueday mornings..etc

2. Record the conversations. If they are guilty, they will slip up. Once you have evidence of professional misconduct in any shape or form, send them a copy of the recording and hit them with a writ.

3. Ask for compensation for all your expenses, not just what they owe you. Say the commission money, plus phone bill, legals and £20K in personal injury. should be around £25k total...its a scary amount to lose.


It might not get you anywhere but it would give you a warm glow of satisfaction.

regards

Blimey! any more and you might be given an ASBO!