We signed a contract to purchase a property few months ago and the vendor after signing the contract decided he didn't want to sell anymore - this is after we paid our deposit and also paid for things like pest inspection, valuation etc. It's been few months of back and forth and threats of taking the vendor to court etc but we finally decided to cut our loses and walk away. We signed a mutual contract rescind agreement (We have in writing an email from vendors lawyer that he didn't want to sell anymore) and the real estate was aware whole time that we were keen to go through the purchase and that the vendor wanted to pull out. Now the real estate is refusing to refund our whole deposit money and want to take out their commission fee as the vendor is refusing to pay it. Are they legally allowed to do this since we as the buyer never had an agreement about paying for commission? And if the vendor is refusing to pay this shouldn't the real estate pursue this further with them?