Questions & Answers
Preventing a cheque issued as a guarantee from bouncing
I was looking for a property online and submitted my number. A broker contacted me saying it's the last day of the offer and we agreed to visit the site.
I was shown a mock-up flat and although I requested one to think and finalize, they requested a PDC as a token to hold the offer until I decide.
The next day after checking the reputation of the developer and the project status, I decided not to proceed with the deal.
Now the broker is not returning the cheque. I am afraid that if the cheque is deposited then it will bounce. What should I do in this case?
Thanks for your valuable time and advice in advance!
Hi there,
Please feel free to reach us directly via email or phone.
Thanks!
Dear Questioner,
Good afternoon. Thanks for contacting online!
As long as there was no agreement between you and the property broker, there is no proof regarding the issuance of the cheque issued by you.
So it is better to send a notice (a legal notice is better) to him demanding back the cheque and informing him that non-compliance from his end will lead to litigation to get it back.
Otherwise, if he presents the cheque and a criminal case is initiated against you, you will not be having any proof to establish the true fact before the court.
Please feel free to contact me via email or phone if you need any further assistance or clarification from my side.
Regards,
Dear Questioner,
Regarding your question, you are advised to file a case to force the broker to return the cheque, and you are advised to start the process immediately to have serious legal action.
This action will be your wall defense if he submitted the cheque to the police to take action against you. So with that, you can finish the criminal case regarding the cheque with only a fine.
At the same time, he has the right to file a civil case against you to recover the amount of the cheque, but he cannot do it separately, because you have already filed your case first.
It will give you the priority to plead your case.
Also, you are advised to collect any communications between you and the broker, such as; emails, messages or witnesses to serve as your evidence in your case.
Regards,
