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Ali73

Posted: Fri Jan 28, 2022 8:08am

Ali73

Original Poster

Posts: 23

5 helpful points

Location: Almoradí

Joined: 8 Jan 2022

Posted: Fri Jan 28, 2022 8:08am

John133 wrote on Fri Jan 28, 2022 7:47am:

Hi we bought in November and our agents wanted us to pay deposit directly to them.  We were advised by our solicitor that the deposit should be paid to solicitor first and then they send to agent to hold to order.  So if seller pulled out estate agents pay deposit back.  I hope thi...

...s is helpful 

Thank you. Never purchased a property abroad so all help and experience from people who have, is really helpful, thank you. 

Kimmy11

Posted: Fri Jan 28, 2022 9:31am

Kimmy11

Legendary helpful member

Posts: 6870

12564 helpful points

Joined: 8 Aug 2017

Posted: Fri Jan 28, 2022 9:31am

Hi Ali,

If I owned the property you want to buy, I'd be furious to discover that my agent is putting the sale at risk like this.  Unfortunately, it's not an uncommon practice in Spain; we had the same thing when we bought.  Fortunately, we met the (British) owners when we viewed the property, so I contacted them, explained that we were prepared to pay a "reservation fee" to our lawyer, but not the agent, and the owners were happy to proceed with us on that basis.  Hopefully, you are using an independent lawyer and not one tied to the estate agent?

Good luck!

Kind regards,

Kim

Peter3473

Posted: Fri Jan 28, 2022 9:43am

Peter3473

Very helpful member

Posts: 989

904 helpful points

Location: Torrevieja

Joined: 21 Oct 2019

Posted: Fri Jan 28, 2022 9:43am

My Agent was brilliant and so laid back and not pushy at all, I have never seen or had any dealings with him once I decided on my property purchase, it was all done by my solicitor with me transferring monies to my solicitor at their request and all completed within 6 weeks.

Ali73

Posted: Fri Jan 28, 2022 9:50am

Ali73

Original Poster

Posts: 23

5 helpful points

Location: Almoradí

Joined: 8 Jan 2022

Posted: Fri Jan 28, 2022 9:50am

Kimmy11 wrote on Fri Jan 28, 2022 9:31am:

Hi Ali,

If I owned the property you want to buy, I'd be furious to discover that my agent is putting the sale at risk like this.  Unfortunately, it's not an uncommon practice in Spain; we had the same thing when we bought.  Fortunately, we met the (British) owners when we viewed the property, s...

...o I contacted them, explained that we were prepared to pay a "reservation fee" to our lawyer, but not the agent, and the owners were happy to proceed with us on that basis.  Hopefully, you are using an independent lawyer and not one tied to the estate agent?

Good luck!

Kind regards,

Kim

Aww thank you so much. We are going out on the 10th February and I've said to my husband that I'd be prepared to go and knock the owners door to have this chat directly with them. It might be our only option to move forward. 

We are in total agreement with our lawyer and his advice. He told us not to pay €1 euro at this stage until he has been given all he's requested from the agents. So far all they've proved is info for noti simple (I've spelt that wrong 🙈) 

Thank you 

Ali73

Posted: Fri Jan 28, 2022 9:53am

Ali73

Original Poster

Posts: 23

5 helpful points

Location: Almoradí

Joined: 8 Jan 2022

Posted: Fri Jan 28, 2022 9:53am

Peter3473 wrote on Fri Jan 28, 2022 9:43am:

My Agent was brilliant and so laid back and not pushy at all, I have never seen or had any dealings with him once I decided on my property purchase, it was all done by my solicitor with me transferring monies to my solicitor at their request and all completed within 6 weeks.

We certainly didn't expect any issues the agents have good reviews. Hubby is going to speak to them today to see how we can move forward as we are 100% following our lawyers advice. Can I ask what agent you used. Just in case ours cannot proceed😢

Thank you for taking the time to reply. 

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Cheryl

Posted: Fri Jan 28, 2022 11:29am

Cheryl

Legendary helpful member

Posts: 2973

3538 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Fri Jan 28, 2022 11:29am

Just a thought but properties in Spain are usually marketed by multiple agents so it may be worth ringing around a few to see if they are able to proceed with the sale instead. Tell them up front you are not prepared to pay a deposit to anyone but your solicitor to avoid wasting your time.

killjoy

Posted: Fri Jan 28, 2022 11:29am

killjoy

Super helpful member

Posts: 3230

1852 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Fri Jan 28, 2022 11:29am

Never pay anything upfront against a mere promise (even in written). You can't imagine all the gaps and tricks waiting to take your money (and run). You can find out the owner from Land registry (Copia simple), Council (ground tax - tributos), and cadaster. Then, get an idea about relistic values "valor medio de mercado" stipulated every year for every individual object here http://csi.ha.gva.es/kiosko/valor_bien_urbano.principal?el_idioma=CAST

Ali73

Posted: Fri Jan 28, 2022 11:43am

Ali73

Original Poster

Posts: 23

5 helpful points

Location: Almoradí

Joined: 8 Jan 2022

Posted: Fri Jan 28, 2022 11:43am

Cheryl wrote on Fri Jan 28, 2022 11:29am:

Just a thought but properties in Spain are usually marketed by multiple agents so it may be worth ringing around a few to see if they are able to proceed with the sale instead. Tell them up front you are not prepared to pay a deposit to anyone but your solicitor to avoid wasting your time.

Thank you, I've had a search and cannot find online. But your suggestion is worth a shot. Also thought about try to seek owner on Facebook group to see if they are on there. Appreciate your reply 😁

Ali73

Posted: Fri Jan 28, 2022 12:21pm

Ali73

Original Poster

Posts: 23

5 helpful points

Location: Almoradí

Joined: 8 Jan 2022

Posted: Fri Jan 28, 2022 12:21pm

killjoy wrote on Fri Jan 28, 2022 11:29am:

Never pay anything upfront against a mere promise (even in written). You can't imagine all the gaps and tricks waiting to take your money (and run). You can find out the owner from Land registry (Copia simple), Council (ground tax - tributos), and cadaster. Then, get an idea about relistic values...

... "valor medio de mercado" stipulated every year for every individual object here http://csi.ha.gva.es/kiosko/valor_bien_urbano.principal?el_idioma=CAST

Thank you so much really helpful. 😁

JanetW67

Posted: Fri Jan 28, 2022 1:09pm

JanetW67

Helpful member

Posts: 354

119 helpful points

Location: Villamartin

Joined: 8 Oct 2020

Posted: Fri Jan 28, 2022 1:09pm

Ali73 wrote on Thu Jan 27, 2022 7:57pm:

Looking for advice. 

We have had an offer accepted on a property we love!! 

Our agents want us to pay a deposit under the reservation contract which our lawyer has advised us against until he has done his dugilgence. (I understand paying a deposit is normal practice, but our lawyer has said the deposit goes to the vendor and not to the agent) we are obviously going with our lawyers advice, we can't afford to lose deposit. We are in catch 22 as the agent is not sending the information required to our lawyer, until the deposit is made. 

Agent has good reviews and we do not want to walk away from the property. 

Anyone had a similar experience? 

Thank you in advance. 

Don't pay your deposit to the agent.  I lost 3k doing that when a property we were buying fell through and during Covid.  Always pay the money to the solicitor who will hold it for you as part of the sale.  Take their advice as they know the laws.

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