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Real Estate Property, Downpayment was paid, No Contract Signed, Transaction was cancelled by the Buyer.... Please Advice asap

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ciya2015


Arresto Menor
Hi Admins, fellow members,

I was convinced to get a real estate property through email correspondence of an agent, whom happened to be a distant relative. I was working abroad so it was my father whom i asked to pay the downpayment to the Real Estate Office. He was given 2 receipts;

1. Official Receipt of the Real Estate Office bearing an amount of Php 115,000.00
2. Acknowledgment Receipt of the Husband's Agent worth Php 60,000.00

No contracts was signed and the monthly amortizations did not start. I, the buyer decided to cancel the transaction and has asked the Real Estate Office to refund the downpayment. They agreed to pay me back after 1 year and in 3 PDCs' but the only amount returned to me was the amount of Php 115,000.00 (Receipt #1). I was trying to call the agent about the Php 60,000.00 but said, i cannot get it back, telling me there are parts of the payments I cannot get back.

Question:

1. Legally, does the agent has the right to get the partial payment of a downpayment issuing only an Acknowledgment Receipt?
2. No contracts was signed between the Buyer and the Seller, am I not entitled to get the full downpayment I paid worth Php 175,000.00?

Please advise.

Thank you.

Regards,

Ciya 2015



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