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Property queries

Posted: Tue Jan 18, 2022 8:17pm
14 replies329 views4 members subscribed
gary1966

Posts: 24

5 helpful points

Location: La Siesta

Joined: 12 Dec 2021

Hi all 

My wife and I put an offer on a property before Christmas which was declined and the Sellar came back with a counter offer which we agreed to.We signed the contract and paid the €2500 deposit to the estate agent to take the property of the market. A day after we signed the contract the seller decided they didn't want to sell the property. We have now noticed that the property is up for sale again but with a different agent and has also had a few of the rooms decorated.Can I just ask does this happen very often in Spain?

Kimmy11

Posted: Tue Jan 18, 2022 9:55pm

Kimmy11

Legendary helpful member

Posts: 6870

12564 helpful points

Joined: 8 Aug 2017

Posted: Tue Jan 18, 2022 9:55pm

Hi Gary,

It's common in Spain for properties to be listed with more than one estate agent, but each agent should have a sales contract with the vendor.  It also depends on the terms of the reservation contract you signed with the agent - does it allow you to claim a refund of the €2,500 reservation fee?  Presumably you have spoken to the agent through whom the counter offer was agreed with the seller?

Kind regards, 

Kim

Cheryl

Posted: Tue Jan 18, 2022 10:14pm

Cheryl

Legendary helpful member

Posts: 2973

3538 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Tue Jan 18, 2022 10:14pm

A bit late but you should never pay a deposit to an estate agent, it should be paid to your independent solicitor and definitely not the one recommended by the agent. If the contract is with a solicitor and the seller pulls out then they have to pay double the amount of the deposit back to you.
Agents will create a sense of urgency and there is always some fictitious Belgian or similiar who is also interested. Generally the housing market around here is totally different to the UK because there are literally thousands of properties for sale at any one time and some will remain on the market for months, if not years.

Macconraoi

Posted: Tue Jan 18, 2022 10:30pm

Posts: 10

1 helpful points

Location: Busot

Joined: 18 Jan 2022

Posted: Tue Jan 18, 2022 10:30pm

Hi. How can one politely decline the use of agent's recommended solicitor and keep on goid terms?

Also, if new to the area...one unknown solicitor is as trustworthy as another..

Cheryl

Posted: Tue Jan 18, 2022 10:51pm

Cheryl

Legendary helpful member

Posts: 2973

3538 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Tue Jan 18, 2022 10:51pm

Macconraoi wrote on Tue Jan 18, 2022 10:30pm:

Hi. How can one politely decline the use of agent's recommended solicitor and keep on goid terms?

Also, if new to the area...one unknown solicitor is as trustworthy as another..

Yes but they will not have a conflict of interests. It is not unknown for the same pet solicitor to be acting for the agent from whom they get a lot of work, the seller and the purchaser and the purchaser will be at the bottom of the pecking order.
Ask for recommendations on the forum.
You are under no obligation to use the solicitor they recommend so a polite refusal should suffice and you should not have to justify your decision. The estate agent is unlikely to cut you off if they can sniff a sale.

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gary1966

Posted: Tue Jan 18, 2022 11:34pm

gary1966

Original Poster

Posts: 24

5 helpful points

Location: La Siesta

Joined: 12 Dec 2021

Posted: Tue Jan 18, 2022 11:34pm

Kimmy11 wrote on Tue Jan 18, 2022 9:55pm:

Hi Gary,

It's common in Spain for properties to be listed with more than one estate agent, but each agent should have a sales contract with the vendor.  It also depends on the terms of the reservation contract you signed with the agent - does it allow you to claim a refund of the €2,500 reservation...

... fee?  Presumably you have spoken to the agent through whom the counter offer was agreed with the seller?

Kind regards, 

Kim

Hi Kimmy

I know most properties are on the market with more than 1agent as when we came out from the 2nd viewing there was another agent with clients waiting to also view the property.Was just wondering why someone should agree to sell then change there mind , decorate and then put it on the market again .

gary1966

Posted: Tue Jan 18, 2022 11:35pm

gary1966

Original Poster

Posts: 24

5 helpful points

Location: La Siesta

Joined: 12 Dec 2021

Posted: Tue Jan 18, 2022 11:35pm

Kimmy11 wrote on Tue Jan 18, 2022 9:55pm:

Hi Gary,

It's common in Spain for properties to be listed with more than one estate agent, but each agent should have a sales contract with the vendor.  It also depends on the terms of the reservation contract you signed with the agent - does it allow you to claim a refund of the €2,500 reservation...

... fee?  Presumably you have spoken to the agent through whom the counter offer was agreed with the seller?

Kind regards, 

Kim

Hi Kimmy

And yes we have the €2500 back 

Macconraoi

Posted: Tue Jan 18, 2022 11:55pm

Posts: 10

1 helpful points

Location: Busot

Joined: 18 Jan 2022

Posted: Tue Jan 18, 2022 11:55pm

Cheryl wrote on Tue Jan 18, 2022 10:51pm:

Yes but they will not have a conflict of interests. It is not unknown for the same pet solicitor to be acting for the agent from whom they get a lot of work, the seller and the purchaser and the purchaser will be at the bottom of the pecking order.
Ask for recommendations on the forum.
You ...

...are under no obligation to use the solicitor they recommend so a polite refusal should suffice and you should not have to justify your decision. The estate agent is unlikely to cut you off if they can sniff a sale.

Thanks.  If you know the Costa Blanca, which area in particular would you recommend and why?

Kimmy11

Posted: Wed Jan 19, 2022 7:22am

Kimmy11

Legendary helpful member

Posts: 6870

12564 helpful points

Joined: 8 Aug 2017

Posted: Wed Jan 19, 2022 7:22am

gary1966 wrote on Tue Jan 18, 2022 11:34pm:

Hi Kimmy

I know most properties are on the market with more than 1agent as when we came out from the 2nd viewing there was another agent with clients waiting to also view the property.Was just wondering why someone should agree to sell then change there mind , decorate and then put it on the market again ...

....

Hi Gary 

Is the new listing at a higher price?  Perhaps they think they can get more for it?  Perhaps they've seen something they want to buy, but need more money for their own to afford it?  Perhaps they were out of contract with the agent you offered through - it's very common for agents to leave properties on their books that they're no longer actively selling.  Could be umpteen different reasons, without asking the vendor direct, you'll probably never know, but I'm delighted to hear you've had your reservation fee refunded.

There are thousands of properties for sale -  another will come along.  I believe these things happen for a reason and you'll end up with something even nicer.  Good luck with your search.

Kind regards, 

Kim

killjoy

Posted: Wed Jan 19, 2022 9:21am

killjoy

Super helpful member

Posts: 3230

1852 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Wed Jan 19, 2022 9:21am

In cases like yours the Law entitles the buyer to claim the double amount of what he paid. That's why you got your money back so abnormally fast.

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