Hello we Paid a deposit to an estate agent a while back and then we pulled out of the sale.
We are awaiting the deposit to be sent back to us for a good few weeks.
After a few phone calls emails etc no joy on either was out or just would not reply to the email…
Got the agency owner a while back promised to send it by post still have not got it.
My question is are they allowed to cash the cheque if the are not surley we can just cancel it and get the much needed cash back.
Yes, they should have it in a client account that is used for nothing other than holding deposits etc.
It should be available to you straight away or at least within 7 days (some auctioneers who have large deposits on account, may have the money in an account here they require to give 7 days notice of a withdrawl - but it certainly shouldn’t be any longer than that).
Also, if the vendors solicitor has issued contracts to your solicitor, then usually the deposit is not refunded until the vendors solicitor acknowledges the return of the unsigned contracts. But the EA should have told you he’s waiting on the contracts to be returned.
I understand from your post its been a “few weeks” since you requested it returned. Camping out at his office doesn’t sound like a bad idea.
Check to see if they are members of either IAVI or IPAV first, then send them an email that if you don’t have the deposit wired directly to your bank account or have a bank draft (not a cheque) inside of 24hrs (include bank details) that you will be contacting IAVI/IPAV the NPSRA and your solicitor to initiate proceedings. If they have spent or used the deposit then that is enough for them to have their license taken off them.