For sale: Villa

Unfortunately no as I had not signed the contract and the deposit was with the lawyer

Hi James

I would seriously check out whether you are entitled to double, whose lawyer is the money with the sellers or your own.

People do try to pull out of the refunding the double rule assuming ex pats are unaware of this rule.

Maybe ask the CAB.

I would definitly try.

Regards

Ed

Thanks Ed .The lawyer is mine a lady who is very slow and not easly contactable. I am chasing her to get my money back.

As I understand it, the agent is acting on behalf of the vendor. If they take your deposit you should have a receipt for it, which means you have had your offer accepted by the vendor via the agent. So in Spain, it is now sold. Therefore, should the vendor pull out of the sale, they are responsible for the double payment. The only caveat I can think of is 'subject to survey', which would be in the buyers favour anyway.

I personally would pursue this with your solicitor, but unfortunately things can take a long time to resolve in Spain.

For the benefit of others, please update your post with progress. Good luck

Thanks for your advise.

The deposit was with my lawyer who said as no contract was signed I cannot claim.

My lawyer is now intending to charge me her fees before returning my deposit.

Hi James

The lawyer really doesn't seem to have your best interest at heart which is a shame - are you able to offer any further details on which company/lawyer you used.

Purely selfish on my part I'm afraid - I'm planning to retire to the Camposol area late next year and I'm gathering as much information regarding the process as possible. Whilst I have information provided by the forum users on good experiences I would also like to be aware of any less worthy just in case  any of the agents try to push less worthy lawyers in my direction.

I'm doing this on my own so I'm trying to gather as much info as possible on all aspects of purchasing and living there as I don't have anyone really to bounce ideas, options, worries off.

I've rented a bungalow on Camposol for two weeks from 16 September to check out the viability of living on this particular urbanisation so hopefully will have a chance to check out a couple of solicitors also.

Hope you have some positive results on your situation in the near future.

Cheers

Maggie

James

I am amazed that a lawyer who has already said that they will not claim the double deposit for you?? you say they are now attempting to charge you a fee? for what??

I verbal contract is as legal as a signed contract, which your lawyer should be aware of.

Do not give in and insist that you are paid double, I ask why did your lawyer hold the deposit? not the seller?

Is your lawyer English or Spanish? not to be cynical but maybe they will be collecting double and not telling you assuming you are not aware of the rules.

Don not give in.

Ed

Hi Maggie,

We purchased a villa near Fortuna March '16 and used Imont Legal Services, who were recommended by the agents. They were excellent over the purchase and very efficient and quick to deal with things. I would say they would be a good firm for you to look at for your needs.

Hope it all goes well and you find your dream place in the sun.

Hi All,

I am concerned  now that it's over 15 days and my lawyer has not returned my 10% deposit lying in her account. My sale has fallen through and I have even agreed to pay her charges despite there be no sale. Does anyone know any action I can take to hasten the return of my deposit  as there are no issues involved.

This is the reason I have not mentioned  the name of her company.

James