I have paid a holding deposit ($420) for an apartment unit two days ago, received confirmation that the real estate agent has received the deposit. However, they are saying that the property is still going through occupation certificate, which was supposed to be done last Friday. They don't know when exactly this will be sorted. Until then, I am not able to sign the lease agreement either.
Can I ask for a full refund in this case, and decide to move into another property?
Unless they have a contract which stipulates that they can retain or withhold your deposit, they cannot hold on to your money.
Contracts work both ways.
In this case, the lack of a contract works both ways.
What does your Holding Deposit Agreement stipulates?
I've always insisted that something to this effect be included in it:
If the Applicant's application is rejected or if the property is not available by _____ days, the holding deposit sum shall be returned in its entirety to the Applicant.
There was agreement provided to me when they asked me to pay the holding deposit.
I would assume that at this stage, the house is unavailable, hence I should get the full refund.
There was agreement provided to me when they asked me to pay the holding deposit.
I would assume that at this stage, the house is unavailable, hence I should get the full refund.
If you signed an agreement, what you assume doesn't matter, it's what the agreement says that matters.
They have misrepresented the property: it's not inhabitable. You are entitled to have your deposit refunded.
Yes, of course you can.