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Looking for English speaking lawyer

Posted: Thu Jan 19, 2023 8:58am
17 replies395 views6 members subscribed
sahmadde

Posts: 11

3 helpful points

Location: La Zenia

Joined: 9 May 2022

Good morning,

Looking for English speaking lawyer in Orihuela Costa 

need help issue with real state agent (not willing to pay deposit back).

Thank you

killjoy

Posted: Thu Jan 19, 2023 10:55am

killjoy

Super helpful member

Posts: 2802

1607 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Thu Jan 19, 2023 10:55am

Are you sure you understood what's in the contract you signed? Legal action can cost you more than what you already lost, Apart from a lawyyer you need a attourny at record (apoderado) appointed through a notary public, then wait 2 years or more for a first hearing, and even if you are successful, your expenses will not be burdened automatically to the defeated party. Better think twice and in any case get an estimate. I have repeatedly outlined in this forum that all monies paid upfront are usually gone forever.

sahmadde

Posted: Thu Jan 19, 2023 11:25am

sahmadde

Original Poster

Posts: 11

3 helpful points

Location: La Zenia

Joined: 9 May 2022

Posted: Thu Jan 19, 2023 11:25am

killjoy wrote on Thu Jan 19, 2023 10:55am:

Are you sure you understood what's in the contract you signed? Legal action can cost you more than what you already lost, Apart from a lawyyer you need a attourny at record (apoderado) appointed through a notary public, then wait 2 years or more for a first hearing, and even if you are successful...

..., your expenses will not be burdened automatically to the defeated party. Better think twice and in any case get an estimate. I have repeatedly outlined in this forum that all monies paid upfront are usually gone forever.

Good morning,

Thanks for your quick reply I do agree with what you have quoted but the question is

- Do we / should we just ignore, and let them our hardworking money and allow them keep on doing ?

Stephanie86

Posted: Thu Jan 19, 2023 1:30pm

Stephanie86

Super helpful member

Posts: 2308

1761 helpful points

Location: Lliber

Joined: 4 May 2017

Posted: Thu Jan 19, 2023 1:30pm

What is not actually clear is whether this is the notorious ‘ reservation fee’, or an actual legal deposit on a property. Also the circumstances which lead you to assert that they should refund this?

As killjoy said, much depends upon the terms of any contract you may have signed with the agent.

sahmadde

Posted: Thu Jan 19, 2023 1:37pm

sahmadde

Original Poster

Posts: 11

3 helpful points

Location: La Zenia

Joined: 9 May 2022

Posted: Thu Jan 19, 2023 1:37pm

Stephanie86 wrote on Thu Jan 19, 2023 1:30pm:

What is not actually clear is whether this is the notorious ‘ reservation fee’, or an actual legal deposit on a property. Also the circumstances which lead you to assert that they should refund this?

As killjoy said, much depends upon the terms of any contract you may have signed with the agent.

Well I am talking about is deposit, property was accepted by landlord so my understanding is that deposit needed to paid back.

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Kimmy11

Posted: Fri Jan 20, 2023 9:37pm

Kimmy11

Legendary helpful member

Posts: 6078

11553 helpful points

Joined: 8 Aug 2017

Posted: Fri Jan 20, 2023 9:37pm

sahmadde wrote on Thu Jan 19, 2023 1:37pm:

Well I am talking about is deposit, property was accepted by landlord so my understanding is that deposit needed to paid back.

So are you referring to the deposit paid on a rental property, rather than a reservation deposit paid to an estate agent when proposing to buy a property?  If so, this describes your options:

https://www.idealista.com/en/news/property-for-rent-in-spain/2022/06/01/66301-how-to-get-your-rental-deposit-back-from-a-landlord-in-spain

Kind regards, 

Kim

sahmadde

Posted: Fri Jan 20, 2023 9:59pm

sahmadde

Original Poster

Posts: 11

3 helpful points

Location: La Zenia

Joined: 9 May 2022

Posted: Fri Jan 20, 2023 9:59pm

Kimmy11 wrote on Fri Jan 20, 2023 9:37pm:

So are you referring to the deposit paid on a rental property, rather than a reservation deposit paid to an estate agent when proposing to buy a property?  If so, this describes your options:

https://www.idealista.com/en/news/property-for-rent-in-spain/2022/06/01/66301-how-to-get-your-rental-deposit-back-fro...

...m-a-landlord-in-spain

Kind regards, 

Kim

Hi Kim,

I rented the property 2 yrs. back (paying 2 months of rent) as deposited which should be paid back within 30 day‘s after rental contract ended.

Now Agency is refusing to pay back the deposit.


Now looking for legal option to force agency to pay back my money

Kimmy11

Posted: Fri Jan 20, 2023 10:47pm

Kimmy11

Legendary helpful member

Posts: 6078

11553 helpful points

Joined: 8 Aug 2017

Posted: Fri Jan 20, 2023 10:47pm

sahmadde wrote on Fri Jan 20, 2023 9:59pm:

Hi Kim,

I rented the property 2 yrs. back (paying 2 months of rent) as deposited which should be paid back within 30 day‘s after rental contract ended.

Now Agency is refusing to pay back the deposit.


Now looking for legal option to force agency to pay back my money

What reason is the agency giving for refusing to refund your deposit? 

sahmadde

Posted: Fri Jan 20, 2023 10:54pm

sahmadde

Original Poster

Posts: 11

3 helpful points

Location: La Zenia

Joined: 9 May 2022

Posted: Fri Jan 20, 2023 10:54pm

Kimmy11 wrote on Fri Jan 20, 2023 10:47pm:

What reason is the agency giving for refusing to refund your deposit? 

No reason

sahmadde

Posted: Fri Jan 20, 2023 10:55pm

sahmadde

Original Poster

Posts: 11

3 helpful points

Location: La Zenia

Joined: 9 May 2022

Posted: Fri Jan 20, 2023 10:55pm

sahmadde wrote on Fri Jan 20, 2023 10:54pm:

No reason

Just refusing

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