THE SALE THAT NEVER WAS

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
29 Jul 2011 12:00 AM by nigel188 Star rating in Estepona. 655 posts Send private message

Please can Maria Castro or other Lawyers give me a Legal Opinion on the Article on Page 15 of Today's Edition of The Sur in English. Basically what the article  is saying that a Man  living in Alhaurin de la Torre put up his Luxury 1,045,000 Euros House up for sale in 2006 and as usual a 100,000 euro deposit paid on the signing of the Private Contract of Sale.An Estate Agent being an Intermediary,introduced a Buyer for this Property. Unfortunately due to unknown circumstances the buyers were unable to complete the purchase and,as is the Law,the Deposit was not returned.The Estate Agents went to Court  to try and recover some of their costs.The Courts have now awarded the Estate Agent the Commmission they would have earned if the House had been sold.Costs were also awarded bringing the amounted the Man was ordered to pay to 77,000 Euros.To this day this  house is still up for Sale.

How can the Courts award this Estate Agent the Commission as the Sale did not take place.This verdict is totally unfair and I think is  not in accordance with Normal Business Practice around the world.

All comments on the above will be of great interest to others in this same sort of predicament.

Thank You

 



_______________________

Nigel




Like 0      
29 Jul 2011 6:07 PM by GuyT Star rating. 511 posts Send private message

 It reads as if the estate agent just wanted his share of the forfeited 100k deposit, which isn't so unreasonable - he did his job. We aren't told why the prospective buyer was unable to complete the purchase. Perhaps it was partly the fault of the seller. There's more to this story than meets the eye. Surely, before it went to court, the estate agent would have asked the seller for what he thought was his share of the forfeited deposit in consideration of the work he had done.Why did this go to court? In many countries you are advised to write into the agreement with the estate agent "commission is payable only on transfer of title". This averts this type of problem, which is by no means unusual.

 



This message was last edited by GuyT on 29/07/2011.



Like 0      

Pages: 1 |

Post reply    Start new thread


Previous Threads

Ryan Air next year - 2 posts
TELEGRAPH newspaper's Spanish Planning Scandal Campaign - 0 posts
SPANISH PROPERTY LAWS ON ILLEGAL PROPERTIES - 15 posts
Morrisons Gibraltar Tobacco - 2 posts
Recommendations for Buildings and Contents Insurance - 16 posts
Moving To Spain In September - 2 posts
cantabrian anchovies - 2 posts
Satellite Dishes in North West Spain - 2 posts
La Cala de Mijas Feria - 2 posts
For the information of all AIFOS's Creditors - 6 posts
Can i find out when my repposesion hearing will be? - 3 posts
Looking for used large lhd panel van - 0 posts
Car Hire for August - 3 posts
For all ex army guys A look at Irish Special forces - 0 posts
RHD spanish reg audi for sale - 0 posts
Question for Maria - 0 posts
Is Spain the Place to Go? - 8 posts
Buying A Property In Spain - 1 posts
Electrician in the Costa del Sol - 6 posts
The Train in Spain - 0 posts
learning spanish - 3 posts
Advice urgently needed-English trailer in Spain - 6 posts
AGM voting rights - 16 posts
Digital Freeview box - Condado De Alhama - 3 posts
Trains Malaga to Fuengirola. - 1 posts

Number of posts in this thread: 2

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:
Email:


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x