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Deposit For a House?

Posted: Thu Oct 13, 2022 7:02pm
17 replies999 views8 members subscribed
Mariea 1

Posts: 15

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Location: Los Alcázares

Joined: 18 Sep 2022

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 .

RichT

Posted: Thu Oct 13, 2022 8:41pm

RichT

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Posted: 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.

Hope this helps - and good luck.

Please update this thread with progress...

Mariea 1

Posted: Thu Oct 13, 2022 8:51pm

Mariea 1

Original Poster

Posts: 15

3 helpful points

Location: Los Alcázares

Joined: 18 Sep 2022

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.

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

eduardo3332

Posted: Fri Oct 14, 2022 1:30pm

eduardo3332

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Posted: Fri Oct 14, 2022 1:30pm

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...

...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

Mariea 1

Posted: Fri Oct 14, 2022 1:50pm

Mariea 1

Original Poster

Posts: 15

3 helpful points

Location: Los Alcázares

Joined: 18 Sep 2022

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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eduardo3332

Posted: Fri Oct 14, 2022 2:33pm

eduardo3332

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Posted: Fri Oct 14, 2022 2:33pm

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...

...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.

Mariea 1

Posted: Fri Oct 14, 2022 4:29pm

Mariea 1

Original Poster

Posts: 15

3 helpful points

Location: Los Alcázares

Joined: 18 Sep 2022

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 .

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

eduardo3332

Posted: Fri Oct 14, 2022 10:29pm

eduardo3332

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Posts: 1237

876 helpful points

Joined: 21 Jan 2016

Posted: Fri Oct 14, 2022 10:29pm

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...

...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

Mariea 1

Posted: Sun Oct 16, 2022 4:43pm

Mariea 1

Original Poster

Posts: 15

3 helpful points

Location: Los Alcázares

Joined: 18 Sep 2022

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.

eduardo3332

Posted: Sun Oct 16, 2022 5:50pm

eduardo3332

Very helpful member

Posts: 1237

876 helpful points

Joined: 21 Jan 2016

Posted: Sun Oct 16, 2022 5:50pm

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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