Seller pulled out

If you paid a deposit to your solicitor then you are entitled to twice that amount back from the seller.

Did you deal directly with the seller or through an agent?

Hi

With the agent and lawyer

They have been brilliant I must say but we are wondering how much money we will lose

especially as we have paid for nice and necessary costs.They have said we can either have the money back or they will help us find something else.

Would we be able to claim anything from him.I know it’s supposed to be twice your deposit but I just don’t trust the man

Janice

Your agent should be telling you that you are entitled to twice your money back, if they aren't, I would question their professionalism.

• If you (the seller) pull out of the deal, you may have to pay the buyer twice the amount of deposit they paid. This is seen as a form of compensation.
• If the buyer backs out of the purchase, they will lose their deposit.

https://wise.com/gb/blog/selling-property-in-spain#:~:text=If%20you%20(the%20seller)%20pull,they%20will%20lose%20their%20deposit.

or

Deposit contract – Contrato de arras penitenciales

This contract requires that you pay a deposit – normally 10% of the agreed price – when the contract is signed. If you fail to go through with the purchase having signed the deposit contract you will lose all of your deposit to the vendor. However if the vendor backs out before signing the deeds then the vendor will have to pay you back double the deposit. Therefore this contract makes it expensive for either side to back out, but at the same time it does leave the door ajar should either side wish to do so. Unlike the contracts discussed below you cannot be forced to go through with the sale, though you lose your deposit if you don’t.

https://www.spanishpropertyinsight.com/buying-property-in-spain/buying-a-resale-property/contracts/ 

Of course they are going to offer to find you another property, say, yes please, after I have double my deposit back! Otherwise go to another agent.

Edit: Speak to your solicitor re the refund.

As I see it and considering the poor information given, you might have been ripped off.

HI there,

I don't see that the agent and lawyer have been brilliant. 

Doesn't matter what your feelings about the seller are, at the very least your agent and lawyer have been inefficient.

They should be the ones getting twice the amount of your deposit back for you.

What are the nice and necessary costs you have paid for?

Sympathy for you but not for them. 

Janice

Hi Janice 

We have paid for searches.NIE changing the names to the gas, electric etc

They are saying we can have all of our money back…but surely we will still have to pay for the work the solicitor has done..don’t know yet.

Been told that because the seller did not sign the contract we have no recompense 

Apparently he kept sending the contract back for daft reasons

I had seen the apt on another site at a much higher price but we have been told it’s an old advert which they had forgotten to take off the site

I don’t know I’m uncomfortable about buying now lost all confidence we are going to have to discuss it

Thank you all for your input

Janice

I wouldn't have thought the solicitor would have proceeded with searches if the vendor had not signed the contract and neither should they have done anything to change the name on the utilities, in my opinion.
Speak to your solicitor about the double refund and get proof of the work he has done if he is charging you.
Did you use the solicitor recommended by the agent?
Don't be put off if it is your dream. Find another estate agent, try Casas Manuel who have upheld a good reputation over a number of years. Use a diiferent solicitor, I can recommend https://www.getlegalinspain.com/buying-selling-house-spain.html 

Any property you look at ask to see the deeds before you give any money to anyone and make sure it matches exactly. Check that everything works if you find a property you like. Ask for the water heater to be turned on before you view to make sure it works and is not leaking, Turn on the aircon and check if it heats and cools. Ask for an electrical check.

Most of all remember that the estate agent is not your friend, they are skilled salespeople who are being paid handsomely by the vendor with possible kickbacks from bank and solicitor recommendations.

Hi Cheryl

Thank you for all your information 

It is a dream of mine and my son who is going half with me

I have had an awful few years my wonderful husband died of 45yrs a few months later I was struck down with a brain tumour and then followed two years of illness

Then covid stuck and I could not leave the flat for near on 18 months

But besides I though you know what life’s to short I’m gonna go with it….Spain…..

We did as much homework as we could and thought we had done a pretty good job

But obviously not

Anyway I still will have to think long and hard to make this decision can not go thru this again

It’s really upset me

I am very grateful to you for your information

Regards Janice