DEMAND FOR REFUND FROM ************ ELLIOTT REAL ESTATE CC

Item: ELLIOTT REAL ESTATE
Rating: 1
Author: Vusumzi K

I HAD APPROACHED ELLIOT REAL ESTATE AGENCY FOR RENTAL OF PREMISES FOR A CHURCH. THEY WERE COORDINATING THE DEAL, AND HAD MADE ME TO SIGN FOR A CONTRACT. AT THIS TIME THE LANDLORD WAS OUT OF THE COUNTRY ACCORDING TO MR ELLIOTT, AND WOULD RETURN AND SIGN TO SEAL THE DEAL. IN THE MEANTIME I WAS REQUESTED TO START PAYMENT OF BOTH THE INSTALLMENT AND THE DEPOSIT. I ONLY PAID THE DEPOSIT OF R16 040.00 AT THE END OF AUGUST 2016, AND I COULD NOT CONTINUE. I REALISED THAT IT WAS DIFFICULT TO MEET WITH THE LANDLORD, AND ELLIOT'S PROMISE TO GIVE ME ACCESS TO THE PREMISES BASED ON THE DEPOSIT PAID WERE NEVER REALISED. JUST AS THE PREMISES REMAINED "TO LET" AGES BEFORE I HAD APPROACHED THEM, THEY STILL REMAINED THE SAME EVEN DURING OUR NEGOTIATIONS. THE SIGN BOARD WAS THERE EVERYDAY UNTILL THE LANDLORD HAD SIGNED ANOTHER AGREEMENT WITH SOME BUSINESS PERSON WHO RENTS CARS. IMMEDIATELY WHEN I BECAME AWARE OF THIS, EVEN WITHOUT THEM ADVISING ME THAT THE PREMISES HAVE BEEN GIVEN TO SOMEONE ELSE, I HAD APPROACHED MR ELLIOT AND REQUESTED THE REFUND. AT FIRST HE REQUESTED THAT I GIVE HIM CHANCE AS HE KNOWS A NUMBER OF PROPERTIES THAT WOULD SUITE MY PURPOSE (CHURCH) AROUND PORT SHEPSTONE AREA, SO THAT HE WOULD FIND AN ALTERNATIVE SPACE AND CHANNEL MY DEPOSIT TOWARDS THAT. I HAD MADE HIM AWARE THAT THERE WOULD NOT BE ANY SUITABLE ALTERNATIVES IN ALL HIS OFFERS, AND THAT I WOULD GO AROUND AND LOOK UP MYSELF. I REVERTED BACK TO HIM SHORTLY, TO ADVISE HIM THAT I DON'T NEED HIS HELP ANYMORE, AND THAT I NEEDED THE REFUND URGENTLY FOR ANOTHER PURPOSE. HE HAD PROMISED TO REFUND ME WITHIN 24 HOURS ON THE DAY, AND REQUESTED FOR MY BANKING DETAILS. WHEN I DID NOT RECEIVE THE MONEY, I HAD TO FOLLOW HIM UP AT LEAST TWICE WITH A GREAT STRUGGLE SO MUCH THAT I HAD TO DROP HIM MESSAGES THAT HE NEVER RESPONDED TO. I VISITED HIM IN OFFICE, AND HE DENIED THE SMS I SENT WHEREBY I WAS GIVING HIM MY BANKING DETAILS. SO I GAVE HIH RIGHT IN HIS OFFICE ONCE AGAIN, AND AT THIS TIME HE SAID HE WAS TO MEET WITH THE LANDLORD JUST TO FINALISE THE REFUND ISSUE, AND HE WOULD DEPOSIT THE MONEY. DAYS WENT BY AGAIN, AND I WAS MORE DESPERATE FOR THE MONEY. TO AVOID A LIKELY CLASH, I THEN SENT MY WIFE TO HIM WHILE I WAS STILL AT WORK, TO FOLLOW UP ON THE PROMISED TRANSATION AND ALSO TO ADD TO THE FACT THAT WE NEEDED THE MONEY URGENTLY. IT IS AT THIS TIME THAT MY WIFE CAME BACK TO ME IN THE AFTERNOON TELLING ME THAT MR ELLIOTT DOES NOT SEEM TO BE WILLING TO PAY THE MONEY, CLAIMING THAT WHILE I HAD NOT CONTINUED WITH RENTAL PAYMENTS THE LANDLORD CLAIMS THAT HE HAD LOST BUSINESS. HE FURTHER ADDED THAT INSTEAD I OWE THEM FOR THE MONTHS IN ARREARS. I WOULD PUT THIS ARGUMENT TO HIM: . PREMISES REMAINED "TO LET" MANY MONTHS BEFORE I HAD APPROACHED THEM, AS THE BUSINESS WAS DEFINATELY NOT DOING WELL TO THEM. . PREMISES REMAINED VACANT AND AVAILABLE ALL THE WAY UNTIL TAKEN UP BY THE NEW TENANT EARLY THIS YEAR - AND THE ADVERT WAS THERE CONSPICUOUSLY AT THEIR WINDOWS UNTIL THE DAY THEY HAD SEALED A DEAL WITH THE NEW TENANT . MR ELLIOT HAD MADE ME TO SIGN IN THE ABSENCE OF THE LANDLORD WHO WAS AWAY, AND HAS NEVER GIVEN ME THE COMPLETE AND SIGNED CONTRACT . MR ELLIOT HAD, IN SPITE OF HAVING PAID ONLY THE DEPOSIT TO HIS ACCOUNT, OFFERED THAT I TAKE OCCUPATION OF THE PREMISES. HE, HOWEVER, WAS NEVER TO BE FOUND WHEN I HAD FOLLOWED UP HIS PROMISE, AND AS SUCH I NEVER WAS GIVEN KEYS. . THE DECISION TO CONSIDER ANOTHER TENANT, WHEN THEY HAD PROMISED THE PREMISES TO ME, WAS NWVER COMMUNICATED, INSTEAD MR ELLIOT KEPT ON PROMISING TO ORGANISE A MEETING BETWEEN ME AND THE LANDLORD. . THE CONTRACT THAT I WAS MADE TO SIGN HAD A VERY CLEAR CLAUSE STATING THAT IT WILL ONLY BE BINDING BETWEEN THE TWO PARTIES ONCE THE FIRST RENTAL INSTALMENT IS PAID. SO THIS HAS NEVER HAPPENED. SO I TAKE IT, ALSO LOOKING AT THE WAY THEY HAVE BEEN DEALING WITH ME, THERE IS NOTHING BINDING BETWEEN US AND SO I AM ENTITLED TO MY REFUND. NB. I HAVE NUMUROUS SMS CORRESPONDENCES FROM MR ELLION IN SUBSTANCIATION OF ALL THIS NARRATIVE, AS I DO HAVE AN EMAILED CONTRACT THAT I HAD TO PERUSE PRIOR TO APPENDING MY SIGNATURE. ALL THIS IS AVAILABLE AT YOUR REQUEST. ELLIOTT REAL ESTATE CC IS IN UNIT 3 TRADEWINDS, MARINE DRIVE, SHELLY BEACH, KWA-ZULU NATAL, SOUTH AFRICA. MR BRADLEY ELLIOTT'S CONTACT DETAILS ARE: ********** ********** ********** **********

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