Advice Needed - Estate Agent Miss Sold Letting to me

I will try and keep this short.

Letting agent sent me images via Facebook of a property. Looked amazing and was perfect. Had arranged a viewing for 10 days later as apartment was occupied. Then, agent messaged me to say that someone was about to put a deposit down and it's first come first served situation and asked if I would be willing to put down the deposit.

So I have only viewed images. But my situation was desperate and felt I had no choice. Met landlord and agent. Signed contract. Then was given the address. Thought I would check out area and outside. Turns out the apartment is right next to a Kareokee bar :-O The landlord nor the agent informed me of this. The Landlord openely has admitted, now that I have signed the contract, and not before that I will notice this. I cannot deal with this.

Secondly, the agent who sent me the photos, sent me photos of a bathroom, which I loved. Turns out this is not even from the apartment I signed for. Seriously.

Agent is not taking responsibility. I have told the landlord I want to void my contract. I have paid for 2 weeks anyway. And said I would stay until then so give her time to find a new tenant. The agent is being unresponsive but understand this is a holiday period. But I need my agent fee back, and my deposit otherwise I am effectively homeless. Unless I stay in an apartment that is no way near as advertised.

Absolutely I know It was a mistake singing a contract before actually seeing the property but this worked OK for me previously here.

I am pretty sure the agent is legally very much in the wrong and does not really have any ground to charge me that fee as I am looking to cancel the contract and find a place else where due to false advertising.

But the landlord is now refusing to give me deposit back unless she finds someone within 2 weeks to move in.

So my questions are

1. Am I entitled to a refund from the agent for the agent fee. If so any tips on the process I should follow

2. Is the landlord entitled to keep my deposit. What do I say or follow here to ensure I get the deposit back?

3. Who's responsibility, if any, is it for not informing me of the bar next door? Should the landlord or agent informed me bearing in mind I had not even viewed the property?

4. With the picture from the incorrect apartment being sent, which I have the evidence, does this put me in a position that justifes the cancellation of the contract, refund of the agent fee and my deposit returned?

5. What do I need to do to void the contract that i signed?

Would really appreciate any help.

It just proves the point that has been mentioned many times on here do not agree on a property without looking first, as you had signed the contract the only way out is to loose your deposit

danbatch > also feel free to check this thread : Accommodation in Malta: scams you should look out for.
It can also help you.

Thanks,

Priscilla
Expat.com team

1)   No

2)   Yes

3)   Your responsibility for not checking before you signed.

4)   It might justify it but it does not mean you will get any refunds.

5)   Not much you can do other than stay there or lose your deposit.

Perhaps when you arranged to meet the Landlord and agent you should have met at the property and seen it and then signed, or not!

on facebook is a Malta Tenant Support group with people very experienced in dealing with this, you'll get more useful answers there.

volcane wrote:

on facebook is a Malta Tenant Support group with people very experienced in dealing with this, you'll get more useful answers there.


He may get as you say more useful answers but the replies here do apply, the main one being that you always look at the property before entering a contract.

volcane wrote:

on facebook is a Malta Tenant Support group with people very experienced in dealing with this, you'll get more useful answers there.


Unfortunately this group is run by  'keyboard warriors and activists' who used to go on about ARMS and then turned there attention to the rental market and much of the info is less informed than some elsewhere and does not always reflect the way things actually work.

They stopped going after ARMS because they achieved their goals.

volcane wrote:

They stopped going after ARMS because they achieved their goals.


In practical terms they achieved nothing, they campaigned for people to be put on the correct tarrif but most of the time being on the wrong tarrif was the individuals own fault for not submitting the correct form or a Landlords refusal to sign.
Now you can officially do it without the Landlords signature, but at a cost!
That's about the only significant change!

Hi, I would love to know who the estate agent was?

jodeoliveira wrote:

Hi, I would love to know who the estate agent was?


It doesn't matter who the agent was, just don't agree on a property without viewing first.