Lease Deposit Return…

Member since 23 May 2024

spencer2meNew member23 May 2024 13:36:39

My spouse and I were in the process of signing a 2-year long term lease. We gave the representative agent 1200 euros deposit to secure the lease. Within 2-days we discovered issues with our car import to Portugal caused a 6-month delay to our Visa paperwork submission to the Portugal General Embassy in San Francisco. We respectfully asked for a refund of the lease deposit and were told an agreement had been given without our signature on any legal lease agreement. Question: Was this a binding agreement without signatures from both parties?

JohnnyPT Portugal Expert

Member since 23 May 2020

JohnnyPTPortugal Expert23 May 2024 15:16:27

4719

Hi,

Did you give 1200 euros without a lease signed by both parties? Good faith? Don't complain later. To be binding agreement, a contract must be signed by both parties, with clauses that each of you must fulfil.

Perpetual_traveler Contributor

Member since 24 May 2022

Perpetual_travelerContributor27 May 2024 09:08:46

100

@spencer2me

There are so many of these stories on this Forum.

Unless you want to get expensive lawyers (and even then no guarantees) your money is probably gone. If they won't pay it back willingly you will have to fight for it.

spencer2me New member

Member since 23 May 2024

spencer2meNew member28 May 2024 02:54:28

@Perpetual_traveler...

Yes, I'm coming to the understanding that you need a lawyer on a retainer to review every transition to avoid this scenario. My house-hunting agent informed me today that the owner refused to return the money. I guess it's a lesson learned the hard way!!!

mariaconceicaogagos9 Member

Member since 29 April 2024

mariaconceicaogagos9Member28 May 2024 07:04:29

Owners or landlords have to pay a commission to the house-hunting agents or real estate agents for their service. If the 1200 euros was in fact the retained commission, are you sure it wasn't the agent who refused to return it?

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spencer2me New member

Member since 23 May 2024

spencer2meNew member29 May 2024 06:06:05

As it was explained the fee was used as a retainer to remove the property from being listed. Within days we discovered issues with our car importation and had to cancel out of the any further actions with the lease.