Builder Refused to Refund Initial Deposit

Discussion in 'The Buying & Selling Process' started by D Singh, 7th Jun, 2017.

Join Australia's most dynamic and respected property investment community
Tags:
  1. D Singh

    D Singh Member

    Joined:
    11th Apr, 2017
    Posts:
    22
    Location:
    Melbourne
    I put $1000 deposit on house with a big ticket builder, the sales rep gave me in writing that the deposit is fully refundable for 3 weeks. Today I told them that I can't build with them, as I have got a better deal elsewhere, the sales rep bluntly told me that they won't refund the money. As the refund is not possible for change of mind. I asked him if the same is written on the receipt and he did not have an answer. I still have 10 days before the refundable period ends.

    If anyone have an idea how to go about getting a refund would be great.
     
  2. teetotal

    teetotal Well-Known Member

    Joined:
    7th Nov, 2015
    Posts:
    736
    Location:
    Sydney
    Send them everything in writing in a nicely written email (with no swear words:D). You should get it back. They won't risk it.
    Sales rep might have just been upset for losing the sale and trying to see if you stay.
     
    Terry_w likes this.
  3. D Singh

    D Singh Member

    Joined:
    11th Apr, 2017
    Posts:
    22
    Location:
    Melbourne
    Thanks for the insights, shall I write the sales rep or the manager?
     
  4. teetotal

    teetotal Well-Known Member

    Joined:
    7th Nov, 2015
    Posts:
    736
    Location:
    Sydney
    As many email addresses you have, CC them all - sales rep, manager, admin etc.
     
  5. melbournian

    melbournian Well-Known Member

    Joined:
    2nd Sep, 2015
    Posts:
    3,038
    Location:
    melbourne
    Ask them for it in writing I did this all the time
    When I was building

    Also email consumer affairs and the Victoria building authority wouldn't think they risk Their license and being told to do some legal compliance contract training
     
  6. D Singh

    D Singh Member

    Joined:
    11th Apr, 2017
    Posts:
    22
    Location:
    Melbourne
    Thanks for the reply, I have emailed the sales rep and his manager, will wait for them to reply and if they don't will email the organisations you have listed here.
     
  7. sash

    sash Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    15,663
    Location:
    Sydney
    Walk into their Sales Office and make a scene....make sure there are a lot of customers around......
     
    jim1964, Cactus, Brickbybrick and 2 others like this.
  8. scientist

    scientist Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    841
    Location:
    sydney
    .

    This will be the fastest way. Leave your phone on recording (sound at least) before you start. If you get shoved, really play it up (maybe stack it a bit, be creative), then go to the police station to report a common assault. Return and repeat the next day and so forth until you get your money back.
     
    D Singh likes this.
  9. D Singh

    D Singh Member

    Joined:
    11th Apr, 2017
    Posts:
    22
    Location:
    Melbourne
    I'd love to do that however, the manager replied to my email an hour ago and told me that I will have the refund in 7 days. :)
     
    Sackie, Marg4000, Perthguy and 3 others like this.
  10. teetotal

    teetotal Well-Known Member

    Joined:
    7th Nov, 2015
    Posts:
    736
    Location:
    Sydney
    Good stuff ...told you it was probably the sales rep being upset on losing the sale:p
     
    D Singh likes this.
  11. D Singh

    D Singh Member

    Joined:
    11th Apr, 2017
    Posts:
    22
    Location:
    Melbourne
    Yeah, probably but it ended well so no hard feelings, thanks for the heads up.
     
  12. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,755
    Location:
    Melbourne
    Total over reaction...
     
    Terry_w likes this.
  13. beachgurl

    beachgurl Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,320
    Location:
    Sydney
    Good to hear that you got a positive outcome. If for some reason they drag their heels, a sentence or two on their Facebook page and Product Review might push things along.
     
  14. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    5,572
    Location:
    Melbourne
    Not necessarily.
    Sometimes you need to play hard ball especially when standing up for yoursel and when you are totally in the right


    Years ago I purchased some floorboards off an online seller. They delivered it and said they attached the invoice to it. Which may or may not have been true but my guy couldn't find it.
    Not a big deal. A call to the shop should have one in my inbox pronto! Or so I thought. .....

    I called the shop and asked over and over again. I even got the manager or owners details and called her. Some Asian lady with bad English.

    The excuses went from ill do it today to call back later I'm at the doctor. ....and the final one was "if I give you another invoice ill have to pay tax on it twice"!!!!!


    Fed up a did a credit card dispute. And I explained that without a invoice I' don't get a deduction of up to 48%.

    A few weeks later I got a 50% refund! Which surprised me.


    My persistence paid off by standing up for my self and what is right.

    I hope the seller lost the 50% and not the bank. I would have preferred the seller losing 25% instead of the bank refunding me 50%

    That was a good day:)
     
    Last edited: 13th Jun, 2017
  15. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,755
    Location:
    Melbourne
    The post I was replying to was suggesting the OP pretend they had been assaulted and then complain to the Police.

    Given that all that had happened so far, was that the sales rep had said 'not refundable' but there had been no checking of the contract to determine refundability, and no follow up discussion, the post was a complete over reaction.

    Mistakes happen. People get things wrong. Intelligent people talk calmly to sort it out. From the OP's follow up post, it appears to have been sorted out pretty easily.
     
  16. AlbertWT

    AlbertWT Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    222
    Location:
    NSW
    Who's the name of the builder ?
     
  17. Big Daddy

    Big Daddy Well-Known Member

    Joined:
    25th Jun, 2015
    Posts:
    998
    Location:
    Perth
    Was it fully refundable if you couldnt get finance or fully refundable for any reason?

    Did they do any work? ie Plans, quote with costings etc? If so there's easily much greater than 1k in work involved (drafter, estimator, sales guys emails/calls to you etc).
     
  18. Jennifer Duke

    Jennifer Duke Well-Known Member

    Joined:
    23rd Oct, 2015
    Posts:
    346
    Location:
    NSW » Sydney
    [​IMG]
     
    scientist and Perthguy like this.
  19. D Singh

    D Singh Member

    Joined:
    11th Apr, 2017
    Posts:
    22
    Location:
    Melbourne
    Still looking forward to the refund, nothing in the account yet.
     
  20. Big Will

    Big Will Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,517
    Location:
    Melbourne, Australia
    Better send some emails or do something else to get attention.
     
    Sackie likes this.