€3,000 reservation deposit - Agent kept €500 ?

[fyfin]

My friend had her house on the market as she is moving back to UK, in fact, she has now gone. A buyer paid a €3,000 holding deposit but then due to a health scare decided he cannot go ahead. He had to forfeit the €3,000.
My friend has kept the house on the market with the same agent but they deducted €500 from the €3,000 for work done thus far.

I guess it depends on the contract but I thought it would be no sale no fee, as, if it eventually sells, she will pay whatever fee was agreed on the contract e.g. 3%.

[Pamela1]

Bit of a cheek anyway. The deposit or part of it wasn't theirs to keep, if your friend had owed any money for any work they have done so far then they should have invoiced her in my opinion.

[fyfin]

Pamela. I thought it was a bit off and not sure it's legal.

[costakid]

My friend had her house on the market as she is moving back to UK, in fact, she has now gone. A buyer paid a €3,000 holding deposit but then due to a health scare decided he cannot go ahead. He had to forfeit the €3,000.
My friend has kept the house on the market with the same agent but they deducted €500 from the €3,000 for work done thus far.

I guess it depends on the contract but I thought it would be no sale no fee, as, if it eventually sells, she will pay whatever fee was agreed on the contract e.g. 3%.

Not sure that is legal. I guess it’s gone straight in the back pocket. I would change agents immediately and ask for an invoice for the 500.

[markwilding]

I guess it depends on the contract but I thought it would be no sale no fee, as, if it eventually sells, she will pay whatever fee was agreed on the contract e.g. 3%.

Our house is currently up for sale and a quick check of the contract with agency shows nothing regarding this circumstance. Obviously, all contracts can vary but if there´s nothing in it regarding this possibility, what I would do is ask for the complaints book. At most they could charge the 3 per cent pus IVA.

Most companies will not be happy with the local consumer department nosing around their business.