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Contract

Posted: Sat Apr 17, 2021 5:30pm
33 replies1564 views15 members subscribed
bhambulls

Posts: 14

4 helpful points

Location: Almoradí

Joined: 8 Nov 2020

Hi all 

I signed a contract with agent in nov for the purchase of property with a completion date of end of feb 2021 , due to COVID we have not managed to get this done f do use to travel restrictions for us and seller 

Due to that contract expiring can I now pull out of deal and get my 10 percent back off agent 

And then look else where or renegotiate the price 

They are asking me to sign a contract extending contract date till end of June 

Lancelot

Posted: Sat Apr 17, 2021 5:52pm

Lancelot

Very helpful member

Posts: 687

768 helpful points

Location: La Finca

Joined: 24 Jun 2019

Posted: Sat Apr 17, 2021 5:52pm

Hi, what does your solicitor say? I'd tread carefully if I'd entered into a timeboxed agreement to; buy, placed a deposit and then didn't/ couldn't complete.

Have you actually been offered your deposit back? The extension might be a good offer subject to legal advice.

Angebadge

Posted: Sat Apr 17, 2021 5:53pm

Angebadge

Super helpful member

Posts: 1108

1609 helpful points

Location: Moraira

Joined: 28 Jan 2019

Posted: Sat Apr 17, 2021 5:53pm

bhambulls wrote on Sat Apr 17, 2021 5:30pm:

Hi all 

I signed a contract with agent in nov for the purchase of property with a completion date of end of feb 2021 , due to COVID we have not managed to get this done f do use to travel restrictions for us and seller 

Due to that contract expiring can I now pull out of deal and get my 10 percent back off agent 

And then look else where or renegotiate the price 

They are asking me to sign a contract extending contract date till end of June 

Hi there

I’m guessing that the counter argument to this might be that giving “power of attorney” would have been an option for completion? 🤪🥂

bhambulls

Posted: Sat Apr 17, 2021 5:59pm

bhambulls

Original Poster

Posts: 14

4 helpful points

Location: Almoradí

Joined: 8 Nov 2020

Posted: Sat Apr 17, 2021 5:59pm

Lancelot wrote on Sat Apr 17, 2021 5:52pm:

Hi, what does your solicitor say? I'd tread carefully if I'd entered into a timeboxed agreement to; buy, placed a deposit and then didn't/ couldn't complete.

Have you actually been offered your deposit back? The extension might be a good offer subject to legal advice.

Not been offered my deposit back and naturally the agent sellers and Solitiors will not been keen to do this as they will all have to start the process again 

I just feel if I could get my deposit back there might be a better deal to be had 

bhambulls

Posted: Sat Apr 17, 2021 6:01pm

bhambulls

Original Poster

Posts: 14

4 helpful points

Location: Almoradí

Joined: 8 Nov 2020

Posted: Sat Apr 17, 2021 6:01pm

Angebadge wrote on Sat Apr 17, 2021 5:53pm:

Hi there

I’m guessing that the counter argument to this might be that giving “power of attorney” would have been an option for completion? 🤪🥂

I understand 

But they never mentioned that option

Might have to take some independent advise as agent seller and solicitor are bound to say this cannot happen as agent and seller wsntvwant to start process again and potentially lose commission 

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Angebadge

Posted: Sat Apr 17, 2021 6:07pm

Angebadge

Super helpful member

Posts: 1108

1609 helpful points

Location: Moraira

Joined: 28 Jan 2019

Posted: Sat Apr 17, 2021 6:07pm

bhambulls wrote on Sat Apr 17, 2021 6:01pm:

I understand 

But they never mentioned that option

Might have to take some independent advise as agent seller and solicitor are bound to say this cannot happen as agent and seller wsntvwant to start process again and potentially lose commission 

Hi 

Not wishing to seem negative, I’m sure their counter argument might be that you should have asked? Did you ask what your options for completion were, prior to the end of February, given the travel difficulties?

Many people have to use POA, even without COVID in the mix, for a number of reasons. It’s quite common to do so 🤪🥂

bhambulls

Posted: Sat Apr 17, 2021 6:13pm

bhambulls

Original Poster

Posts: 14

4 helpful points

Location: Almoradí

Joined: 8 Nov 2020

Posted: Sat Apr 17, 2021 6:13pm

Angebadge wrote on Sat Apr 17, 2021 6:07pm:

Hi 

Not wishing to seem negative, I’m sure their counter argument might be that you should have asked? Did you ask what your options for completion were, prior to the end of February, given the travel difficulties?

Many people have to use POA, even without COVID in the mix, for a number of reasons. It’s quite common to do so 🤪🥂

Even if I cannot get out of the deal which I don’t want to do but I do want to renegotiate the deal really 

Might be bet teal king away lose deposit 15 k euros and get a discount on another property as prices seem to be starting to drop 

Angebadge

Posted: Sat Apr 17, 2021 6:18pm

Angebadge

Super helpful member

Posts: 1108

1609 helpful points

Location: Moraira

Joined: 28 Jan 2019

Posted: Sat Apr 17, 2021 6:18pm

bhambulls wrote on Sat Apr 17, 2021 6:13pm:

Even if I cannot get out of the deal which I don’t want to do but I do want to renegotiate the deal really 

Might be bet teal king away lose deposit 15 k euros and get a discount on another property as prices seem to be starting to drop 

“You pays your money and takes your chance” as they say 🤪🥂

Peterholiday

Posted: Sat Apr 17, 2021 9:45pm

Posts: 23

36 helpful points

Joined: 12 Mar 2020

Posted: Sat Apr 17, 2021 9:45pm

bhambulls wrote on Sat Apr 17, 2021 6:13pm:

Even if I cannot get out of the deal which I don’t want to do but I do want to renegotiate the deal really 

Might be bet teal king away lose deposit 15 k euros and get a discount on another property as prices seem to be starting to drop 

I'm sorry but this all seems a bit underhand to me. You agreed to buy a property, agreed on a price, paid a deposit. Now through no fault of yours or the sellers the completion date has been pushed back, the same position many people are in. Now you want to re negotiate the price because you think the prices have dropped. 

What does your solicitor say about the contract? Did you pay the deposit to your solicitor or the sellers solicitor? If the latter the chances of getting your deposit back are very slim, it should always be paid through your own solicitor.

bhambulls

Posted: Sat Apr 17, 2021 9:51pm

bhambulls

Original Poster

Posts: 14

4 helpful points

Location: Almoradí

Joined: 8 Nov 2020

Posted: Sat Apr 17, 2021 9:51pm

Peterholiday wrote on Sat Apr 17, 2021 9:45pm:

I'm sorry but this all seems a bit underhand to me. You agreed to buy a property, agreed on a price, paid a deposit. Now through no fault of yours or the sellers the completion date has been pushed back, the same position many people are in. Now you want to re negotiate the price because you thin...

...k the prices have dropped. 

What does your solicitor say about the contract? Did you pay the deposit to your solicitor or the sellers solicitor? If the latter the chances of getting your deposit back are very slim, it should always be paid through your own solicitor.

My agent has got tbf deposit money

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