I would like to just set the record straight regarding “Shadows” thread….
“Shadow” did view properties with our company and after returning to England, decided to make an offer on a property we were selling on behalf of one of our clients, well below the asking price, and to include all brand new furniture.
The price was agreed by both parties, buyer and seller and a contract of compra venta was drawn (with a clause that the 3,000 Euros would only be returned if the property was not legal for sale and if “Shadow” could not get a mortgage on the property) and sent to “Shadow”, which was signed and returned to my company.
A transfer was meant to be done the next day but was not received into our clients account for a long time. (due to bank???)
At this point all the documentation was passed to “Shadows” lawyers in Oliva.
The Lawyer checked all the documentation and advised us it was Ok to pass the 3000 Euros over to the owner.
Shadow did not want to pay the full 10% deposit until he had a mortgage offer from the bank which the owner agreed.
After contacting 2 mortgage companies he decided to go with a Spanish lender in Candia and was offered approx 70% of the purchase price.
He then decided that everybody involved had not being kept in contact with him, he had not been presented with any documents (even though I have an email receipt to say that he has received copies of the escritura etc) and was going to remove his offer and wanted his money back.
As for the declaration of the property, the owner agreed in the end to sell at the agreed price, totally declaring the property 100% within the date of the contract and after the owner spoke to “Shadow” about this matter, it was clear to the owner that “Shadow” just did not want to buy the property anymore.
“Shadow” then emailed my company with threats to take me, my business partner or my company to court.
For 1, we do not have “Shadows” money and 2, as the contract states that everything in the contract was fulfilled, i.e. yes the property was legal, yes he was offered the mortgage, yes the property was free of debt etc.
We emailed him with the above reply and heard nothing, a few days later we had a call from the owner to say that he had a similar email but instead of taking our company to court, he would be taking the owner to court for the money.
I heard from the bank a few weeks later to say that they had received no money for the valuation they had done and where going to right it of as a bad debt.
We have sold many houses in the past and have never had such problems with any clients; we acted professionally and in my opinion over helpful to this client, only to have this happen to us.
We have copies of all correspondences from the lawyers, banks involved, and ourselves as proof that “Shadow” was kept informed all the way through the process.
I know this is a long posting, but I would like everybody to know what actually happened and to clear our untarnished reputation as Estate Agents.