Agent told me they had a Holding Deposit when they did not!

by Readers Question

9:05 AM, 7th January 2016
About 3 years ago

Agent told me they had a Holding Deposit when they did not!

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Agent told me they had a Holding Deposit when they did not!

I have one property I let out, which was recently becoming vacant. After working with a single agent and them not finding tenants I went to other agents.true

After a few days the original agent notified me that they had interested tenants who had given them a ‘Holding Deposit’. The agent requested we notified the other third party agents to take the property off the market.

We complied.

Two weeks later we were informed by the agent that the new tenants, for their own reasons had pulled out of the tenancy.

I asked the agents about releasing the holding deposit to me as I had potentially lost two weeks rent. The agent informed me that they had not in fact taken a holding deposit from the new tenants. Furthermore they concluded they were not liable for any losses I might have incurred.

Is the agent correct in this?

Gordon



Comments

Neil Patterson

9:07 AM, 7th January 2016
About 3 years ago

Hi Gordon,

Can I ask if you have any kind of signed contract with the agent?

Joe Bloggs

17:30 PM, 7th January 2016
About 3 years ago

assuming all the above is evidenced then yes there is a good claim for damages. you have a contract with the agent, the agent made a negligent or fraudulent misstatement upon which you acted and you potentially suffered a loss. the only problem i can see is establishing whether you would have let the property in that two weeks via the other agents.


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