Return of Deposit

[eddiejames]

Hi
We have a situation at the moment and wondered if anyone could help. We were considering renting a property in the Torrox area and paid a "goodwill reserve" of 400 Euros to the letting agent, subject to agreeing conditions. The receipt states that "if no agreement is signed the deposit will be returned". For various reasons we decided not to proceed with the rental and requested our deposit back. The agent then informed us that she had already given the deposit to the owner of the property. Since the 23rd November we have had confirmation that the owner of the property has agreed to return the deposit but for many varying reasons the agent has not been able to collect the money from him. We now feel we have no alternative but to persue the matter further. Could anyone advise the legal position here? We have requested contact details of the owner and his lawyers from the agent involved but have not yet received these. She is only communicating with us now via email and does not have an office anymore. However, we do have a postal address. We feel that we are within our rights to have the deposit returned, probably from the agent, as the receipt is in her name, but she has complicated matters by giving it to the owner.
Any advice would be appreciated. Many thanks.

[Retro P]

Eddie, I know this will sound harsh and unhelpful, but, forget it, the letting agent is clearly giving you the runaround, it will cost you considerably more than 400 euros to get it back, turn your back on it and learn from it, after all it's not a fortune is it, next time no deposits.

[markwilding]

Go to the agency ask for a Hoja de Reclamaciones, fill it out and then go to the consumer office at your town hall and make a complaint. You can make a small claim in something similar to the small claims court in the UK, for any amount up to 900 euros at no cost

This information needs to be confirmed by el cid or David Searle, as this is the situation in Bilbao, and I'm not sure if this is a regional rule or national one

[Lavanda]

I'm not sure if it's the same thing but deposits for buying a house are not returned if YOU change your mind. The agent and/or the owner may well feel that the work they put in for you over this deal is recompensed by keeping your deposit. As Retro P says, it is a small amount. Put it down to a learning experience.

[markwilding]

I disagree Lavander
The receipt states that "if no agreement is signed the deposit will be returned".
Many companies hope that because it's a small amount you won't bother to do anything about it. I think this is their tactic. I would sue at the small claims court. You don't lose either way (well only time)
As you say it's only a small amount but I wouldn't want the agency to have it. I'd prefer to win the case and pass the money to a charity, or if I lose they would have at least been inconvinienced.
for me it would be a matter of principal
Although if i had to pay costs I would probably follow your and Retro's advice. My principals aren't that strong