Deposit return - no contract signed

This is a discussion on Deposit return - no contract signed within the Buying & Selling Property forum, part of the REAL ESTATE & PROPERTY LAW category; I expressed interest in purchasing an off plan apartment in Nicaragua early last year. I was not asked for a ...

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Old May 12th, 2009, 10:01 AM   #1
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Default Deposit return - no contract signed

I expressed interest in purchasing an off plan apartment in Nicaragua early last year. I was not asked for a reservation deposit although paperwork refers to a refundable reservation deposit of $5,000. At the time of expressing my interest I was advised by the owner of the constrution company that he could arrange an 80% mortgage on teh property for me. I received a draft contract which required stage payments. There were a number of other issues I raised regarding the contract such as the lack of a long stop date for completion etc.

Despite not having received a revised contract or mortgage offer, I sent the deposit of $30,000 to an escrow account as I was pressurised by the developer to pay the deposit to retain the reservation. This was paid subject to contract and mortgage.

Eventually a few weeks after I had paid the deposit, another draft contract arrived. Although it had been amended a little, it had no long stop date and still had provision for full stage payments rather than 80% on completion to be funded by a mortgage. I advised that I was still not happy with the contract and that I could not proceed on this basis as I could not fund the full purchase.

It is now a year on and my deposit has not been returned. I feel I am entitled to a full refund of the $30,000 paid but before I write demanding this would like a second opinion please - anyone?
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