Refund of Deposit

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This topic contains 10 replies, has 8 voices, and was last updated by Profile photo of Anonymous Anonymous 9 years, 12 months ago.

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  • #52438
    Profile photo of Anonymous
    Anonymous
    Participant

    We put a 20% deposit on an off plan property with Palmera Properties in April 2005. unfortunately we did not have independant lawyer, lawyer was included in the agency fees of Palmera Properties, we now realise that this was a big mistake. We had no Bank Guarantee and no licence to build. in February this year we did fly out to Spain in order to complete the purchase but realised that things where not right, consequently we did not complete the purchase of the property. When we arrived home we instucted independant international lawyers based in London. In March we received a letter from Palmera Properties agreeing to give us a refund minus agency fees, after Justine Aldridge, from eye on spain had a meeting with them, on behalf of people in our situation. We forwarded this letter to our lawyers, who we have now got a complaint against, as no work on our file has taken place since April of this year, they have offered us as means of compensation for this, £200 credit on our fees and passing our file onto another lawyer in the practice, we feel this is inadequate as we have lost all this time thinking someone was working on our behalf, and all the worry that is involved. My question is the fact that we have it in writing Palmera Properties agree to give us a refund, how difficult should it be for a lawyer to enforce?.

  • #67331
    Profile photo of Anonymous
    Anonymous
    Participant

    Stop hiring unneccesseraly expensive international lawyers based in London and hire a good spanish independant one where the property is located (ask Mark, forum administrator, for names). You ought to get your refund back if they have agreed to this in writing but it will be very difficult and you might have to take the case to court to enforce the agreement.

    That real estate agency has -seemingly- a very bad reputation according to website “developers watch” if someone could post the link to that website please…. Always google real estate agencies and check throughly their reputation before buying from them.

  • #67333
    Profile photo of katy
    katy
    Spectator

    Seems the expensive “international lawyers” are not any better than local then 🙄 Report them in the UK and contact the newspapers.

  • #67337
    Profile photo of Anonymous
    Anonymous
    Participant

    Roy – I have sent you a PM with some useful information about your REA.s.

  • #67397
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you all for your replies on this matter.

    Could anyone give us the average Spanish lawyers fees to take this case to court. The Lawyers based in London, we have at the moment charge an hourly rate and would like a rate so that we can compare. Or would like a Fixed price Lawyers Fee. Thanks Roy

  • #67676
    Profile photo of Anonymous
    Anonymous
    Participant

    Just come across your discussions on Palmera Properties. We are in same boat and have just instructed Spanish lawyers to start chasing Palmera Properties. We are trying to extract our deposit and agency fee and have been advised that after various legal letters etc which palmera have ignored our best option is to take them to court. We have been quoted 6,000 euros plus costs (ie, court costs, expenses, other solicitor fees and so on) obviously if we win we get the costs back. Alternatively they charge 200 euros for a senior partner per hour, 125 euros for partner and 50 euros for an associate per hour. They have also advised us that by law we are all entitled to 6% interest as well. Do you know if you are going to proceed to legal action or not. We are in the process of making decision about it.

    Anyone any advice as to how long this could take and likely success?

  • #67684
    Profile photo of Anonymous
    Anonymous
    Participant

    By Law you ARE entitled to 6% interest but I don’t know of anyone who has got it including ourselves. 4% is the norm. You need a VERY determined and efficient lawyer to act for you. Our Court case started in March/April. We are still awaiting our final interest to be paid and our apartment was never built!! We thought we had a cut & dry case. 🙄 Compared to most people here…we did. As for “obviously getting your costs reimbursed”…don’t count on it!!

    Legal action is the only way to get your money back. The developers will not pay up unless they have to when ordered by the Court. Nothing is easy in Spain. Don’t think it is as clear cut as the UK, or that you will be treated in the same way. Sorry to sound like the messenger of doom. 🙁

  • #67685
    Profile photo of Anonymous
    Anonymous
    Participant

    Roy,

    In Spain it is possible to get a “fixed” price in that you agree a % of monies returned, + possibly a fixed engagement rate.

  • #67704
    Profile photo of Anonymous
    Anonymous
    Participant

    Try to negociate an agreement with the promotor. To go the Court will cost you more money and time. The Promotor will prefer to pay you before you take him to court. If there are more people in your situation, I wil recomend to use the same lawyer and everyone to sign the same claim.

  • #67707
    Profile photo of Anonymous
    Anonymous
    Participant
    venturyclassic wrote:
    . The Promotor will prefer to pay you before you take him to court.

    I’ve not once heard of a promoter(developer) being worried enough to pay up before being taken to Court! They couldn’t give a fig.

  • #67711
    Profile photo of Anonymous
    Anonymous
    Participant

    Could not agree more Claire – it is pretty standard these days for anyone to say ‘go ahead’ when threatened with legal action. They know that the courts are toothless and/or related to the local government official.

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