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My husband and I were in the process of purchasing a property we paid a deposit of three thousand euros and signed a contract that if we pull out we lose our deposit.And if the buyer pulls out he has to pay us double the deposit back, The buyer after about a week has now pulled out. The estate agent said they will refund us our deposit, but no mention of the seller having to pay us what was in the contract. Anyone had this before? It is our first time buying a house in Spain .
That is a common clause in a contract - designed to ensure both parties are committed to the sale / purchase and to deter gazumping.
You should speak to your solicitor about enforcing the vendors additional payment as part of the contract.
Hope this helps - and good luck.
Please update this thread with progress...
Posted: Thu Oct 13, 2022 8:51pm
RichT wrote on Thu Oct 13, 2022 8:41pm:
That is a common clause in a contract - designed to ensure both parties are committed to the sale / purchase and to deter gazumping.
You should speak to your solicitor about enforcing the vendors additional payment as part of the contract.
Read more...
Hope this helps - and good luck.
Please update this thread with progress...
Thank you so much for your help. it is very much appreciated. I will post a follow up once I speak with a lawyer,
Marie
Posted: Fri Oct 14, 2022 1:30pm
Very helpful member
Mariea 1 wrote on Thu Oct 13, 2022 7:02pm:
My husband and I were in the process of purchasing a property we paid a deposit of three thousand euros and signed a contract that if we pull out we lose our deposit.And if the buyer pulls out he has to pay us double the deposit back, The buyer after about a week has now pulled out. The est...
Read more...
...ate agent said they will refund us our deposit, but no mention of the seller having to pay us what was in the contract. Anyone had this before? It is our first time buying a house in Spain .
Hi,you are entitled to your deposit plus a further 3000 euros . The estate Agents that you are dealing with and no doubt issued the contract should obtain the correct amount or pay you difference. Solicitors could be expensive
Posted: Fri Oct 14, 2022 1:50pm
eduardo3332 wrote on Fri Oct 14, 2022 1:30pm:
Hi,you are entitled to your deposit plus a further 3000 euros . The estate Agents that you are dealing with and no doubt issued the contract should obtain the correct amount or pay you difference. Solicitors could be expensive
Hi thank you for the reply we have been told by another English estate agent that we only have the contract in English, we needed it in Spanish for it to be legal and they only gave it to us in English the Spanish copy that they gave to us was only the details of the house. We will not make that mistake again. Thank you again for reply.
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Posted: Fri Oct 14, 2022 2:33pm
Very helpful member
Mariea 1 wrote on Fri Oct 14, 2022 1:50pm:
Hi thank you for the reply we have been told by another English estate agent that we only have the contract in English, we needed it in Spanish for it to be legal and they only gave it to us in English the Spanish copy that they gave to us was only the details of the house. We w...
Read more...
...ill not make that mistake again. Thank you again for reply.
Sorry but I do not agree with this, if you have an English Agent selling you property in Spain then they must abide by Spanish laws.
I was selling properties in Spain many years ago and still have an Sl property Company .
If your agent is refusing to do anything report them to the hacienda (town hall) and inform them you will be following this up as they may not be paying their Spanish taxes and operating illegally.
Pleased tell me/us who the agents are.
Posted: Fri Oct 14, 2022 4:29pm
eduardo3332 wrote on Fri Oct 14, 2022 2:33pm:
Sorry but I do not agree with this, if you have an English Agent selling you property in Spain then they must abide by Spanish laws.
I was selling properties in Spain many years ago and still have an Sl property Company .
Read more...
If your agent is refusing to do anything report them to the hacienda (town hall) and inform them you will be following this up as they may not be paying their Spanish taxes and operating illegally.
Pleased tell me/us who the agents are.
We were buying the property through a Spanish estate agent in the old town, the estate agent we dealt with spoke good English, we signed the contract in English and Spanish, they gave us a copy of the English contract for the three thousand euros deposit and what we thought was the Spanish copy of it, but the Spanish copy was only to tell us about the property, when we went back in to pay a further deposit they told us the seller signed but then changed his mind. And backed out of the sale, We asked advice from another English estate agent and they said we could not do anything as we only had a Spanish copy of the contract. Thank you again Marie
Posted: Fri Oct 14, 2022 10:29pm
Very helpful member
Mariea 1 wrote on Fri Oct 14, 2022 4:29pm:
We were buying the property through a Spanish estate agent in the old town, the estate agent we dealt with spoke good English, we signed the contract in English and Spanish, they gave us a copy of the English contract for the three thousand euros deposit and what we thought was the Sp...
Read more...
...anish copy of it, but the Spanish copy was only to tell us about the property, when we went back in to pay a further deposit they told us the seller signed but then changed his mind. And backed out of the sale, We asked advice from another English estate agent and they said we could not do anything as we only had a Spanish copy of the contract. Thank you again Marie
please name the Estate agents you are getting this advice from you are entitled to the extra if the seller signed the contract here in Spain
Posted: Sun Oct 16, 2022 4:43pm
Hi I am going to make an appointment with a lawyer next week about this, will follow up with the outcome.
Posted: Sun Oct 16, 2022 5:50pm
Very helpful member
Mariea 1 wrote on Sun Oct 16, 2022 4:43pm:
Hi I am going to make an appointment with a lawyer next week about this, will follow up with the outcome.
please make sure you inform the vendor you are planning to take this action as they may change their mind and pay you what is due
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