Seller pulled out - Page 2

Agree completely with Cheryl.

But didn’t both parties sign a contract as the initial fee to take the property off the market and surely by now you must have some sort of binding document as you will have paid your 10% deposit. We had to agree with our seller we would complete within four weeks, something both parties wanted, but instigated by the seller. 

The seller of our property was unable to come to Spain,so had to appoint a POA and have things apostilled, which meant our purchase was delayed by approximately 6 weeks.He was the one delaying things, so our solicitor told him that he was not abiding to the initial contract and we didn’t complete by a date about 10 days later, that he was breaking the contract and we would claim additional recompense as well as receiving our deposit back. We had occurred extra rental charges and furniture storage, so we were going to claim that back off him. Fortunately that threat worked and we completed with a couple of days to spare. 

So your solicitor should be fighting for money  as you shouldn’t be out of pocket at all, when the seller pulls out.

Lynn

Hi Lyn

I don’t know we went to the estate agents office paid the reservation fee on October 15

We wanted to finalise by end of  December but he asked for second week in January to move the furniture he was taking back to the uk.

He did not make his solicitor POA so would have had to come back to Spain to sign the contract

Then the delaying tactics started he said his elderly parent who he was selling the apartment for could not travel so could we delay till 13 March to sign the contract

We were not happy about this but what could we do

In the end our solicitor asked his solicitor for his details to get into direct contact with him

Then we had an e Mail from our solicitor on Thursday saying his parent was I’ll in hospital and did not think it was fair to make us wait any longer ……so he has decided to take the apt off the market for this present moment in time….. his words exactly

So that’s where we are

I looked on some Spanish sights because I had never trusted him from the start

And that’s when I found it on another site at a considerable amount more

We contacted our solicitor with this information and a photo of the property details I had found

She forwarded it on to the estate agent who this morning e mailed to say that it was an old advert they had forgotten to take off and it was definitely  withdrawn 

Hence where we are now

Regards Janice

I would definitely get your solicitor then to gently remind him that if he’s cancelling the sale you want twice your deposit back.

He’ll soon change his mind then!

With regards to it still being on dale with another website, that bit is probably true.

I’ve seen quite  a few properties on with a number of agents, so if the price gets reduced it doesn’t filter through to all the agents, so the property is up for sale at different prices. It is probably just an oversight or the other agent hasn’t been told the property has been sold.

Or perhaps  take all this as  a sign that it’s not meant to be! - once you’ve got your money back!

Lynn

Hi Lynn

Exactly maybe it’s not meant to be

Regards Janice

Did your solicitor ever get the money or has it been held by the agent?

 If you do decide to try again, never pay a deposit to the agent and if they insist on one, walk away. Better still tell them from the outset that you will not be paying any form of deposit to them.  Only ever pay money to your own independent solicitor.

Things have been awful for you recently so maybe it would be easier to find rentals for your holidays here, you can try different areas and maybe, in time, you may decide to take the plunge when you are more familiar with different areas.

All the best, whatever you choose.

Hi Cheryl

Thank you yes I think I might well do that,I will wait and see how much money we do get back but I will certainly peruse any shortfall.Think it’s a lesson well learned I certainly hope no one else falls to this problem

Enlightened

Janice

Sorry Persue

Janice I’m so sorry for you !!!  My advice would be leave the experts to sort out the compensation that you are due, they will sort it !!  Then look for an alternative property ….. you will certainly find one …… you may even get a better one !!!  Please don’t give up on your dream, you have been through a very rough time recently and are still here to tell the tale !! Don’t let anyone spoil your optimism for a better life with your son, people in Spain are in my opinion lovely !!!  Open another chapter in your life and live it, you owe it to yourself and family …….. don’t let a chancer (I could call him/her a lot worse) stop you ……. Good Luck xxxx

Hi Den Thank you for that

We have found out today we have no recompense as he did not sign the contract so will not get double our deposit back,he kept sending the contract back with futile excuses.We will be getting a full refund tho which I suppose is a blessing.But we will not be defeated

There are a few names I have called him myself …..not repeatable

He has put it back on the market for £12,500 more I hope he does not do this to another poor victim and wish him the best ……not…..

Janice

Hi Janice, about 3 years ago my wife and I looked at a Bank Re-Possession we agreed on their full asking price opened a Spanish Bank Account, NIE, paid a €1500 deposit. After about 10 days we were notified by email that we were unsuccessful!!! Never found out why ……we were devastated and we thought about not carrying on with the dream of a Spanish Holiday Home. 

We got our deposit back, the NIE and Bank account we needed anyway for our future purchase. We found a small house on the same urbanisation for the same price furnished and better situated ……… we love it and yes we are “living the dream” when we come over …….. so don’t give up in the end it will be worth it … honest xxx