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Agent won't give deposit back

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  • 02-11-2015 6:07pm
    #1
    physioman
    Registered Users Posts: 1,239 ✭✭✭


    We were looking at a house. Went sale agreed and got an engineer report done on the property. The report showed numerous structural defects. I contacted the EA and said we were pulling out. He is refusing to give us our deposit back until we give him the report. I told him he can pay me the 450 euro to see the report. We still don't have our deposit. What are our options now? Surely he can't do this?


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    #2
    El_Dangeroso
    Users Awaiting Email Confirmation Posts: 5,620 ✭✭✭El_Dangeroso


    Tell him he has no right to retain the deposit and tell him that if he doesn't return it immediately you will be lodging a formal complaint with the PSRA (property services regulatory authority).


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    #3
    MAJJ
    Registered Users Posts: 1,679 ✭✭✭MAJJ


    assume you haven't signed contracts? If so, he has to return it to you, you don't have to give any reason.


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    #4
    physioman
    Registered Users Posts: 1,239 ✭✭✭physioman


    Thanks. Yeah that is what I thought. Will contact them about it and take it further if needed


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    #5
    Shelflife
    Registered Users Posts: 3,074 ✭✭✭Shelflife


    If hes that keen to see the report, get him to make a contribution towards it. At this stage its no good to you,but if you even got €50 off him it would be all right.:D


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    #6
    Victor
    Registered Users Posts: 78,423 ✭✭✭✭Victor


    There might not be an entitlement to sell on the report, as the engineer may have a clause restricting it to the party who paid for it.


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    #7
    Carawaystick
    Registered Users Posts: 8,779 ✭✭✭Carawaystick


    Victor wrote: »
    There might not be an entitlement to sell on the report, as the engineer may have a clause restricting it to the party who paid for it.

    The exhaustion of Intellectually Property rights doctrine would apply, but I think the OP means he'll sell the report for the deposit money...


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    #8
    Sun in Capri
    Registered Users Posts: 211 ✭✭Sun in Capri


    My structural report stated clearly that it was for mine and my solicitors and banks viewing only. Even if you never got a structural report you are still entitled to change your mind prior to signing of contracts and to get your deposit back. I would report the agent as suggested above immediately.


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    #9
    CaoimheSquee
    Registered Users Posts: 359 ✭✭CaoimheSquee


    Terrible behaviour, report him immediately to the regulator.
    This happens all the time and you are absolutely entitled to your deposit back!


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