I gave a deposit to a Real Estate management company to rent a house. I signed nothing. The RE person and I went through the house and made a list of things that still needed to be completed before move in. She said she would write up a contract to lease that I would sign BEFORE signing the lease to assure that the work would be completed before move in. The RE person said she would remove the For Rent sign and take it off the MLS listings. The for rent sign never came down. I voiced my concern and was told she forgot. The owner refused to honor some of the things on the list of things to be completed and I said OK. THEN... when I went to the office to sign the contract to lease it said Pets Prohibited. The RE person knew/knows I have a dog! When I brought this to her attention she said "oh..I better call the owner." The owner said she did not really want to rent to a person with a dog, BUT she would and make the pet deposit $350. Non refundable. I thought this was unfair (pet deposit is usually $200) and said I did not want to rent the house under these circumstances. The owner of the RE company is refusing to return my $1,000 deposit now! I said I did not sign anything and he said it was a verbal agreement and I said but you kept changing the verbal agreement. Of course the check was deposited in an escrow account. I want my deposit back, the whole deposit. What do I do?

Hello books:

You do two things: 1) File a lawsuit in small claims court against the RE company (it's quick, cheap and easy), and 2) write a letter of complaint to the state real estate commission. Send the RE crook a copy.

excon

If this is his position then you need to do two things.Tell him you are registering a complaint with the Chamber of Commerce or Better Business Bureau and then also sue him in small claims court. This might get him to lossen up but if you go to court it will be up hill battle. His word againist yours.

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Originally Posted by excon

Hello books:

You do two things: 1) File a lawsuit in small claims court against the RE company (it's quick, cheap and easy), and 2) write a letter of complaint to the state real estate commission. Send the RE crook a copy.

excon

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But do you know if he has a right to keep the deposit even if I signed nothing and it was never off the market?

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Originally Posted by booksnob

But do you know if he has a right to keep the deposit even if I signed nothing and it was never off the market?

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Hello again, books:

I don't believe he has a right to your deposit. I believe you are correct. You had no agreement. For there to have been an agreement, there would have to have been 1) a meeting of the minds, and 2) consideration. You paid consideration (your deposit), but there never was a meeting of the minds. Therefore, you had no agreement, and you are entitled to your deposit back.

The problem is proving it in court. You have, at least, the check you wrote, and a very reasonable story to tell the judge. Make sure you subpoena the "RE person" who you initially dealt with. I think you have a very good shot at winning a lawsuit like this, but there's nothing guaranteed in court.

That's why you write all the letters that have been suggested. You might also notify the newspapers and your local TV news. They love stories like this. The idea is to imtimidate them into giving you back your deposit long before you get to court.

excon

Hello again, books:

One more thing. I noticed your earlier remark...

I wouldn't do any of those things BEFORE you went to court. Going to court would be the FIRST thing I'd do. The BBB, The Chamber of Commerce, the newspapers, and very probably even the RE Commission itself, have no teeth. A judgment, on the other hand, is full of very sharp incisors.

excon

Well if you contact the board of Realtors they impose some pretty harsh penalties on the RE person, possibly even having their license revoked. So I would contact them too.

Google your state + real estate board and you should find the website for the people that issue Real Estate licenses in your state. What you have described does not sound legit and they will assist you in getting this straightened out.

I agree that you have a pretty strong case. You can prove you gave them money and you can show you made a list of improvements that were required.

For future reference, NEVER hand over money until there is a signed agreement on the table.