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Subject to Planning - Non Refundable Booking Deposit

  • 19-03-2023 8:16am
    #1
    HouseGD
    Registered Users, Registered Users 2 Posts: 1 ✭


    Hi,

    I wonder could someone offer further advice. We were bidding on a site for two weeks with an EA who is a little challenging. Each time with put in an offer he didn’t even acknowledge it even with jumps of €5/10k. He would just respond with a counter offer. We finally put in a much bigger offer with the hope of just wrapping it up. We didn’t hear from for 4 days after hearing from him daily and when we did it was with and offer €1k above the offer we made. We decided to pull out and within 20 mins of doing so he called to say our offer was accepted! The call was bonkers, he threatened to take the other bidders offer because I ‘wasn’t excited enough’ and just general weird stuff coming from him.

    Anyway, we have everything lined up but he is demanding a booking deposit which we must agree to forfeit if our planning application isn’t submitted within a specific timeframe. We have sought legal advice and obviously have been instructed not pay a deposit which isn’t refundable.

    He has since within the sale from us as we are disputing the deposit, not paying it but the terms attached to it considering it should be fully refundable without any conditions until we get to full dept and contract signing stage.

    Does anyone have any experience with this?!


    Thanks

    Post edited by Spear on


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