If I made a refundable payment for a rental online, can I request that my bank put it back into my account if I cancelled?

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If I made a refundable payment for a rental online, can I request that my bank put it back into my account if I cancelled?

I paid a refundable deposit for a vacation rental on-line. I cancelled but haven’t received my refund back yet. I haven’t tried much yet because I wanted to make sure what I do is correct. I have contacted the realtor to explain why the 15% is taken out since it wasn’t in the contract but he just says he can’t give a 100% back which isn’t that big of a deal but I haven’t received anything back yet and its been like 2 or 3 weeks.

Asked on October 22, 2010 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The bank will not put the money back into your account--and in fact, cannot. Once they have transferred the money, it is out of their control; for the bank to put it into your account would be for the bank to voluntarily give you some of the bank's own money, which clearly they do not have to do and will not do.

You have a right to enforce the terms of the rental agreement in regards to the deposit. If the agreement required you to get 100% of the deposit back, you could, if necessary, sue for the full amount. Also, if you cannot get anything back or even get an answer as to when you'll get it back, you may need to take legal action. At some point, if you can't get satisfaction from the realtor, you are probably going to need to either bring a legal action yourself (e.g. in small claims court) or retain a lawyer to sue on your behalf.


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