Hello, I am hoping someone can guide me through this situation:
- I found an apartment to rent, with the intention of purchasing it in a few months. There were clear conversations that I would be purchasing the property in a few months time...
- I was to start the rent on January 1st, I had sent a good faith deposit a few days earlier...there were terms that had to be negotiated before the signing of the contract ended up being on Jan 3rd.
- I met with the owner and his son in person... I was to pay 1 year in advance which I agreed to, but wanted to make the initial deposit until the following week when my funds were available for the whole year.
- In the mean time the Son of the owner had another party interested in the apartment that would pay 3 years in advance, he clearly wanted this this other party to take the apartment. At the end of us negotiating the terms, I brought up again to add the lease with option to buy in the contract. He then said "no this apartment is not for sale, you cannot buy it at any time". Weeks had gone by from the first time I saw and agreed to take the apartment. Only this day, after I paid a deposit he suddenly says its not for sale. After leaving I decided not to take the apartment since they changed the agreement to sell it to me. I called and cancelled and requested my money back.
- Important to know, also during this meeting he was clear that the other party really wanted the apartment, in fact they left a duffle bag with €10,000 cash as a 'good faith' deposit honestly pushing to allow them to take the apartment I was going to rent. He was VERY CLEAR this person wanted the apartment. The man was coming back to Portugal on the 8th of January, today and would be finalizing the contract, and happy to be getting the apartment he wanted.
- NOW< the son is refusing to return my deposit...knowing he backed out of selling the property as agree, after knowing full well this other party would be taking the apartment today....
- Now he is saying he will ONLY refund my deposit if this person rents for the month of January, if not he would loose 1 months rent and keep my money. This person NEVER planned to return to Portugal to sign the contract until January 8th....regardless.
The question is if he refuses to refund my deposit (which he NEVER SIGNED A RENTAL AGREEMENT FOR).....What are my legal options?
Hoping someone can give me some insight