Do they have to give me back the reservation money for a flat? And what if the estate agent does not return it?

Question

José Manuel Alburquerque · Accepted Answer

It depends on what the reservation document says, because no law governs reservations. Normally it is returned to you in full if the seller does not accept your offer, does not reply within the set period or accepts it and then backs out. If you are the one who pulls out after the acceptance, you may lose it if the document provides for this. The estate agent does not own that money but merely holds it. In Catalonia, the guarantee the agent is required to have covers that money until the agent hands it over. When it is returned If the seller does not accept your offer or does not reply within the set period, it must be returned to you in full. If the seller accepts it and then backs out, it must also be returned. If by then the reservation already counted as a deposit (“arras”), you may be entitled to more, depending on the type of deposit. If you are the one who pulls out after the acceptance, you may lose it if the document provides for this. In Catalonia, if you paid it on account of the price and the seller accepted it, there is also a risk that it will be treated as a confirmatory deposit, which obliges you to buy. If the terms of the reservation were set by the agency on its own standard form, the consumer protection rules against unfair terms may apply in your dealings with it. Nor is the reservation the same as the agency's commission, which is governed by the agency agreement signed by the person who engaged it. If the estate agent does not return it These are the usual steps: Ask for it in writing, by a method that leaves a record, such as a “burofax”, a certified letter with proof of content, setting a deadline for returning it. Before suing, the law requires you to attempt to reach an agreement, for example with a written proposal or mediation. That is why your letter should propose a specific solution. Ask the agency for the details of its guarantee, the institution providing it and its reference number. It must give them to you if you ask. To be paid out of the guarantee, you need either an express agreement between the person who paid the money and the person who was to receive it, or a final judgment, arbitration award or administrative decision. You can file a complaint with the municipal consumer information office or with the “Agència Catalana del Consum”, the Catalan consumer agency. If the estate agency has signed up to consumer arbitration, which is free, you can request it. If there is no agreement, you can sue. If you are claiming up to 2.000 euros, you do not need a lawyer or a court agent (“procurador”). If the estate agency is not entered in the “Registre d'Agents Immobiliaris de Catalunya”, the Catalan register of estate agents, you can report it to the “Agència de l'Habitatge de Catalunya”, the Catalan housing agency.