I have an issue with an estate agent and I’m looking for advice

This is a link from Jim's Guides accessed from the RHS of this page:

http://www.registradores.org/wp-content/uploads/2015/10/Guide-AIPP-RICS-RDE.pdf  

The relevant sections start on page 20  Buying the property.

It appears that if only a reservation agreement has been signed, you may get your deposit back under certain circumstances. Your lawyer will be able to tell you if it is possible. Once the preliminary sales contract has been signed, the buyer will forfeit their deposit if they break the contract, the seller will have to repay the deposit doubled if they break it.

It sounds as if your seller considers that you have broken the agreement and that therefore she is entitled to keep your deposit. From the information you have given, I'm sorry but it sounds as if she may have the right of it.

The following is just my personal opinion and what I would probably consider in the same circumstances:  Do you have the money for the property available immediately? Can you fly to Spain at very short notice even if only for a day or two? If yes and there are no other potential buyers in the picture, can you find another couple of thousand Euros as a sweetener? Then approach your lawyer and see if she can negotiate directly with the seller's lawyer with an increased offer and an early completion. The seller may have had a change of heart but be reluctant to make the first move. I wish you all the luck in the world.

Thanks for the response, I signed the reservation document but not the preliminary sales contract so there may be hope for me yet

Thanks again

Chris