Exclusivity with estate agent.

Well it's good that some commonsense still exists - I had given up following this thread, mainly through disbelief at some of the extraordinary suggestions being made.

The idea of issuing a denouncia in such circumstances fills me with horror and should never be suggested.  This was done on the basis that the complainant was "100% sure that she was right".  As if suddenly her certainty would change the scenario completely.

The truth is that you never really know in this situation.  To some extent it will depend on the individuals involved, including the police officer that deals with the case.  I'm no Andrew Mitchell and have generally found the police to be reasonable, but surely one should be wary against making a personal written attack on a Spanish national to another Spanish national when all the evidence appears to be stacked in the other guy's favour.

Perhaps the suggestion was based on the fact that the world is still expected to believe the word of every Brit without question.  Sadly no longer the case.

Nicky, please don't even consider issuing a denouncia - the odds are that it will make matters worse.

Ok guys, the other suggestion is that we should roll over and play dead, and give in to everyone because we are not Spanish.    For all I know Nicky might be Spanish but it makes no difference what nationality she is.  From my observations in over 30 years in Spain, the Police do not discriminate against non-Spanish citizens; all have the same right to the protection of the law.

Roberto for one has never given the impression that he is the rollover and die kind of guy, and I would guess Acer is not either,  so why should the rest of us be?  If someone says that they are the victim of a crime (which in this case is going to cost them 5,000 euros) especially if  they are going to sell up and move away,  then why should they let themselves be intimidated.   

If most of us had our wallet stolen, albeit with a lot less than 5,000 euros in it,  and we knew who had taken it, most would not just say,  ”OK you can keep it, have a nice day.”

If Nicky says she is certain of the facts, then who are we to say she is lying ?   Until Nicky said she was certain (in a follow up post) I did not mention denuncia.

And just for the record Acer, in Spain it is not the police who direct the course of an investigation but a judge.  And as for your  Andrew Mitchell comment, if the police lied, they should, and probably will, end up in prison.

Johnzx - your comparison with the wallet and pick pockets are rather different and do nothing more than muddy the water.  It's really a simple case of when the evidence is against you have to be a bit more guarded and issuing a denouncia now would likely to be a big mistake.

Floella, there are all types of evidence - that which hits you between the eyes - as well as that which can be deduced, is circumstantial, physical, statistical, anecdotal and if I were putting a case together for Nicky I would probably use a mixture of these.  But Spanish estate agents are notorious for the most devious practices imaginable and what Nicky has described is quite standard for them.  It may be they've used this trick before, but at this stage you need to ask questions, not make allegations.

On the surface there is some disparity in the comments - but Nicky needs to put her case in writing first which is most important, then find the weaknesses in the other parties case by ferreting away on all fronts possible.  If she were to issue a denoucia now it is absurdly premature.

Well I agree you cannot come to conclusions prematurely and go off half cocked - often winning cases like this takes a bit of graft.

I feel sorry for Nicky what with the smart practice the estate agents and now it has turned into a competition as to can give the best advice

Well, just for everyone information. I’ve passed all the info on to a solicitor. She will investigate the case with a associate. I should have some info tomorrow. If I’ve got time I will post the response.

I think its absurd be afraid to take things further because of a tight knit community. I have mentioned the "offending party" to some Spanish friends and they were not at all surprised as he is well known in Rafal for his antics & has caused some problems in the past. The solicitor has told me that the proving the paperwork has been manipulated and I was not aware of what I was signing should not too difficult as some of it looks like he has used Photoshop to put a nice bold red letters at the top of the page which says exclusivity. The sale of the property has become irrelevant really, I think the Spanish family have pulled out as they have gone quiet all of a sudden.

Not all estate agents are bad, the English guy does not have a exclusivity & he advised me to get as many agents involved but to check the commissions they charge.

Any ways, I’m still kicking myself about signing that paper and trusting that slimy gitt.

Johnzx 20/10/13  The only sensible course is to seek professional advice from a professional who has studied the facts of your problem and ignore the rest. 

Nicky

Well, just for everyone information. I’ve passed all the info on to a solicitor. She will investigate the case with an associate. I should have some info tomorrow. If I’ve got time I will post the response.

Good move Nicky

Im still awaiting a reply from the solicitor and the agent is still sending me very weid emails. Apparently he claims that he has exclusivity forever on my property and I can never sell it with anyone else. I find most of the b*** s*** he is telling me such a insult to intelegence.

Crikey. He sounds like he thinks he now owns the place. What a cheek. Hopefully your solicitor can send him a letter which gets you out of the contract with him. In the UK, when I've signed exclusivity clauses they've been for 16 weeks. I wonder if any of the estate agents on this site can let you know what is normal and reasonable practice in Spain...

Nicky, as you will be aware every business etc. in Spain must have complaints forms. 

Once you have completed the forms, they consist of three sensitised pages, one for you, one for the establishment and one which you keep for the consumer’s office. 

If after 2 weeks you are not satisfied, take the consumer’s office copy to their office.  They will then chase it for you. 

I believe it creates a lot of agro for the business (none for you) and thus they usually come up with a solution before the 2 weeks are up.

If you ask for the form and are refused, for any reason,  call the Policia Local immediately.  They should attend, demand the form, issue an on the spot fine and close the establishment until they have a supply of forms.

Most people either don’t want to use the system or get persuaded not to complete the forms.  In my experience I recommend,  always complete the forms.  If you get satisfaction, then that is it, if you do not, then have the form for the consumers office.

I have used the system a number of times and always have had a good result even with the likes of Repsol and Lidl, who caved in within the two weeks

Very interesting point Johnzx, presume the / any business which is causing these problems, in this case the estate agent, has to keep these forms handy, and also i suspect these forms would be in Spanish...Like it or not...Remember this all started for Nicky when she said she wasn't so good with Spanish and signed a form she didn't really understand.

So this has to be get the form (If indeed this agent has them)  and take it to someone with a very good understanding of Spanish..before she signs something she's not sure of...Again.

Baz, it is every establishment even the National Police, the Guardia, hospitals, the courts, the town hall, etc. etc.

The forms are printed in Spanish and English.  Although some say they can only be completed in Spanish, I cannot believe that to be so as they are printed in English too!

However, it would be relatively easy, in this case, for Nicky to take a Spanish translation of the complaint with her.  I would suggest that it be written to the simplest form. Maybe just a couple of sentences.

Floella,    However as Nicky has now engaged a solicitor think she should be guided by what he proposes is the best action to take.

As Nicky has posted “I’m still awaiting a reply from the solicitor and the agent is still sending me very weird emails”  I see no reason not to take the complaint form route. As I said if she gets satisfaction then that’s it, if not at least the 'Consumidores line' is free.