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]

Fatal Attraction

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!

 

[pro-berry]

Refund on Project

Hi All,

I am sorry if anyone has previously covered this. A friend of mine had entered an agreement with Damac on the Hyde Park Centre Ville Development for 2 units. He is seeking a refund and needs advise on how to go about it:
1) After paying the 20% for each unit he received a Sales and Purchase Agreement, which he duly signed. When he went to their London office to have get them to ensure he had signed in all the right places, their office in London offered to courier the contracts on his behalf to their offices in Egypt. The Egypt office claim they have not received these contracts ever.
2) Damac sent him a declaration to sign to state he has lost the contracts, and they will replace it with new ones, this he doesnt want to do as he is affraid they may have amneded the terms of the contract and also he hasn't lost them. Damac have.
3) He has not made any payments since, as he doesnt know hwere he stands.
4) They have also sent him a copy of the initial reservation form and asking him complete it as he has omitted a signature on one of the pages. This he hasnt't signed and returned to them.

He is now fed up as this has gone on for 2 years.

Is there a standard in Egyptian Law that enables him to seek a refund from the Developer? Damac have started the Villa devlopment in Hyde Park, but have yet to start Apartments. My friend was advised completion would be mid 2012, when he purchased.

Your help and guidance is greatly appreciated.

Thanking you in adavnce.

 

[LOUKIC]

This is another example of bad practices followed by Egyptian developers. They always ask for payment in advance before issuing the countersigned contract. Funds should be transfered only after receipt of the signed contracts or held in escrow in a lawyer account and released to the developer upon receipt of the countersigned contract.

If the developer is not willing to refund the 20%, and if the project is being built as planned, your friend should consider signing a new contract to safeguard his interests on the property. I hope your friend kept a copy of his initial contract.

 

[Peter Mitry]

Signatures on Contract

This is another example of bad practices followed by Egyptian developers. They always ask for payment in advance before issuing the countersigned contract. Funds should be transfered only after receipt of the signed contracts or held in escrow in a lawyer account and released to the developer upon receipt of the countersigned contract.

If the developer is not willing to refund the 20%, and if the project is being built as planned, your friend should consider signing a new contract to safeguard his interests on the property. I hope your friend kept a copy of his initial contract.

Unfortunately in Egypt most Developer contracts cannot be signed by the Developer before the contractual payment is received; this is because the Developer's signature is a receipt for the funds and he will not sign it until he has them.

This is understandable but it should surely be possible to change the contract to simply say that it will not become effective and legally binding UNTIL the funds are received.

Many of our Polish clients insist on this and it has rarely been a problem to get contracts changed.

 

[LOUKIC]

The contract could be countersigned prior payment and state that it will become null and void if the funds are not received within a certain period of time to be agreed by both parties.

 

[sam62]

Hi All,

I am currently having some problems getting our deposit money back from an Egyptian Lawyer who was recommended to us from the agent we used in UK.
We paid the deposit money into the lawyers client account in aug 07 pending us being happy and signing the contracts. We werent happy with the contracts and therefore pulled out of the purchase in november 07. We have been trying to obtain a refund from the lawyer ever since and he is becoming increasingly difficult to contact!
I am in the process of sourcing an Egyptian Law Specialist who may be able to help us recover our monies.

Is anyone having similar problems?
Does anyone have any up to date contact information for the Egyptian Bar Association or other Egyptian Authorities that might be able to help?

Thought I would start a new thread then IF anyone else having similar problems we can share our experiences and hopefully help each other out! Plus people who arent having problems may have valuable information to share!

Thanks
Sue

hi can i know who's your lawyer and where is he located and the deposit amount to give you advice

 

[pro-berry]

Can a refund of the monies paid to the develepor be sought under the circumstances that I have defined above? I have advised my friend of what has been advised above about the contracts. He is totally fed up with the developer. He has a copy he made for himself, but to date has not received the signed and executes contracts from Damac. Every time he chases them for this they send him a declaration to sign to state he has lost them, when in fact he hasn't they have. He is going round in circles with them and feels that he wants out of the deal. Any suggestions on how a refund can be obtained?