- This topic has 8 replies, 8 voices, and was last updated 16 years, 2 months ago by
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I paid a 25% deposit for a property in Almeria to these rogues in August 2005. Soon after, about 3 weeks, I lost my job, (I got one later) and asked for the money back. They informed me it had gone to the developer, but they would try to get it back via a ‘legal process’ and I must be patient.
Yes… the usual story of unreplied to emails and phone calls that never came, and it got to January 2007, and still no money. They were having ‘difficulty’ in getting hold of the developer etc etc. They pursueded me the best option was to sell on to another buyer, as I would make a ‘nice profit’ 🙂 ho ho wot a laff!
It got to December 2007, and the property was supposed to be completed by 31st of the month. Then hey, guess what? yes, it wasn’t completed, and still isn’t
I started proceedings in January to get the deposit back. I find out that the three contracts my wife and I signed have dissapeared into thin air, we only have an English translation. PProperties say the developer has them, and the developer says he hasn’t
My lawyer managed to get the developer to offer 16450 euros out of the 33500 euros deposit!! What a cheek, he broke the contract not me! Then he dissapeared and couldn’t be contacted again
A different lawyer manages to make him resurface, but then he states that he has not seen the contract, nor any of the money!
So now its back to you-know-who Properties……what chance is there of getting my deposit back I wonder?
My problem is, I am now living on benefits (I WAS going to sell our house to purchase this property, thank God I didn’t, as I would now be on the street). I can only pay a Lawyer after the job has been done, ie extracted my money from PProperties. I would pay expenses upfront, and then a % of the money retrieved
Any likely lawyers out there?
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asenoj
Mark has a list of lawyers, or you could try ‘Lawbird’
If you have been offered a certain amound, it sounds like you have a strong case, as there is some admittance of guilt. Having said that, with the amounts involved, and the current situation,you might be better to take what’s offered. You could probably run up a big lawyer bill trying to recover the rest, and end up with not much more for the amount of stress and hassle involved?
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With the downturn in business many lawyers will take on your case (provision of funds up front though) be careful and use large firms with a division with expertise in this area – don’t use your conveyancing lawyer – they won’t know the tricks of the courts – maybe best to take the money offered and run like the wind .
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i paid a £6000 deposit to a dream agent in andalucia (if you know wot i mean) and then a further £1,200 and the contract said “subject to mortgage being approved”, when i could not obtain the mort. they said ” the vendor would not return the deposit because he had had the property off the market” IN SPAIN, where everything takes 24 months to sell anyway, this is a pi55 take
don t expect justice because, that is a British mindset. Spain is Spain and you, will get Spanish justice
After 2 years of reading this forum i have realised that the only outcome will be what is most beneficial to the Spanish.
I appologise for posting this when i am, quite, drunk but i feel that Spain has lost its way as a 1st class destination for Brits abroard.
Spain represernts all that is wrong with the foreign property markets, you would, probably be better off with Bulgaria, at least you know theres a good chance you ll get raped and pillaged by the locals, rather than the agents you trusted.
SPAIN IS DEAD AS A LOCATION TO BUY A HOLIDAY HOME OR AN INVESTMENT IN, AND WILL BE FOR THE NEXT TEN YEARS.
I am sorry for being so negative but i have lost faith in the system -
Chilly – if you have that all-important clause in your contract – “subject to mortgage being approved” – the fact the vendor said he had taken the property off the market is totally irrelevant.
£7200 is a lot of money to lose for no good legal reason. The developer is banking on you not bothering further, despite the law/contract being on your side. I wonder how many others he’s tried this on.
The right type of letter (with ‘teeth’) from the right type of litigation lawyer may just do it. With the relatively small cost of such a legal letter, surely it’s worth a shot. Sending you a pm.
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Chilly – was it an arras contract you signed? If so the initial reservation fee is just that and is refundable totally subject to the conditions placed within it.
The agent shoul dbe helping you on this one as normally they will keep part of this if you default!!!
A lesson to be learned is place ANY reservation fees or deposits WITH YOUR OWN LAWYER not the agent or the seller.
You have every right to your money back. Charlie gives you perfect advice – get a lawyer onto it immediately and thereaten them with a denouncia as well.
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Can I add something positive about them
A couple of years ago we were looking around and went out with deposit placed ( yes I know !!) to view around roquetas de mar
We didnt like the property area and as promised within one week they had refunded the money less the cost of the apartment rental for the week we went
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