refund of earnest deposit

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asked on Jun 22, 2014 at 21:54
good day everyone,

i'm kris, an expat working for an IT company in PJ. i've been staying in PJ since february 2013.

my colleague and i found an online advetisement in for a small & medium room in pelangi damansara condo that's being rented out. both rooms will be available on 1st of july 2014. my friend and i met up with the poster of the advertisement and made an earnest deposit of rm900 (rm400 for the small room & rm500 for the medium room) for the 2 rooms. when we met, he requested for a 2 + 1 deposit. since my friend and i only had a total of rm900, we made an earnest deposit of 1 month and he accepted the money and gave a receipt but he said we try to produce rm450 more. we said rm900 is all we have and we can give the rest on 1st of july prior to moving in. that was on  14th of june 2014.

on 17th of june 2014, we called him and told him that we don't have any more cash to give him but if he can wait on the 1st of july we can give everything. he said we need to give the additional rm450 for deposit. we told him we don't have enough money at the moment so if that's the case we will just take the rm900 earnest money we gave him and look for other rooms to rent.

now here's our dillema: he said he will not give back our rm900 if that is the case. we've tried to talk to him nicely and he kept on saying the same thing. at one point he also said if we want to get our money back, we should look for other people who will replace us in renting his small and medium rooms. we consulted this matter with our local friends and they all advised to stop dealing with the guy as he cannot be trusted and he's already harassing us.

my colleague and i would like to know what legals steps can we do to get our money back. should we go to the police and report him? the only information we have is his nickname, his mobile number, and his car's plate number. we still have the receipt that he gave (and that's all the document he gave and it looks like a general receipt that you can buy from any book shop). any advise is highly appreciated.


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