Non refundable deposit - BA Agreement

Looks like something I see everyday when I go to the boys......

 

Consumer Law (State and Commonwealth) may also impact the services rendered. There may be scope to address refund if consumer rights are compromised. Was the service covered by door to door laws ?? eg is it a unsolicited consumer agreement ?

Do you consider the offer was misleading and deceptive ?etc....

Fair Trading - Small Claims ?

 

I can shed some light here as I am familiar with many BAs in the industry and their payment and service methods

Firstly, I would consider $1K a very low retainer fee from an experienced and reputable BA currently in the industry who is offering a full search service. Most BAs charge closer to $3-5K (though this will naturally depend on location, property type, budget, degree of difficulty of the search as well as contract length) so I would deduce the operator you're dealing with may be new to the industry, but please feel free to correct me if I'm making the wrong assumption here.

Secondly, most retainer payments are non refundable unless there are extenuating circumstances and it is ultimately up to the BA practitioner to decide here. It certainly isn't common practice to refund within 7 days no questions asked however commonsense would prevail if, for example, a client changed their mind a few days into a search. Some buyers agents would (justifyingly) charge an admin fee (for time spent) and refund a majority portion whilst others would refund the entire retainer.

Thirdly, it's important to remember that the crux of the problem here lies with the initial Buyers Agency Agreement that was contracted between the BA and the client.
What terms were agreed to?
What service schedule was provided?
What clauses outline what happens should you change your mind or the BA isn't holding up their part of the Agreement?
What grounds for termination of the Agreement exist and are you entitled to any refund?
Obviously without knowing the full facts it's difficult to comment, however I will be interested to know how you went here @Paul D and what the outcome was. I am sorry that the BA you engaged hasn't worked out but open and direct communication early can often assist in salvaging both the relationship and the property search. All the best!