Estate Agent Misleading Information

grifferz

Herbalus wrote: »

I can't believe that. You cannot expect someone to believe that an estate agent could show someone a parking space, say it is included, and then later deny it and keep the funds.

Agent: Yes, this property includes a parking space! It's this one here.
Tenant: Great! Here's our money!

..time passes..

Tenant: Hey, where's the parking space?
Agent: There isn't one.
Tenant: But you said there was! This was a major factor in our agreement to the contract! We can't move in now so please refund us.
Agent: I have no recollection of this and the fee is non-refundable.
Tenant: You did! I'll sue!
Agent: Okay.

..in court..

Judge: So do you have any evidence that the property included a parking space?
Tenant: Yes, they said it did.
Judge: But do you have any evidence of this?
Tenant: No.
Agent: I have no recollection of any such conversation taking place. I can only assume Tenant is mistaken.
Judge: I have no basis on which to force Agent to repay this sum.

You're saying that you believe the above scenario cannot ever happen / has not ever happened?

I agree that legally they cannot do this, but tenant needs to prove that this is what has occurred as opposed to tenant simply being mistaken. A moral person would admit their mistake; an immoral person may not.

Hopefully OP can dig up a cached version of the ad to force the agent to admit their mistake and refund before it ever goes that far..