Exclusivity with estate agent.

Johnzx,

Thanks for yours, but whilst the process may be different, it is still escalating the conflict without any likely gain.  You might argue that by formalising it with the police and a judge you will scare the guy off, but not necessarily.

It is highly unlikely that your 4,000 cases did not involve any come back for the individuals.  More likely is that they were not too serious and therefore you did not become aware of the subsequent problems.

There have been several instances of ex-pats being victimised by locals on the EOS boards, there may well be others that go unreported.  You have to be a bit careful and to my way of thinking you don't pick a fight without both a good reason and a likely benefit.  Sure the odds are that you'll probably be OK, but no doubt some of your 4,000 plaintiffs/claimants whatever regretted doing so.

I asked you before what you saw as a benefit of making the denouncia and you replied "Sorry Acer,  but I don't think, without being insultingly simplistic, that I can clarify the obvious any more.  i.e. a conviction resolves Nicky's problem".... I don't understand the need for such a caustic comment, but you have not told me what good follows on from getting the guy a conviction?  And if that's the best outcome possible is it really worth it?

 PS Thanks for your post Floella that is interesting

This message was last edited by acer on 12/11/2013.

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Floella,  your post appears to be about civil disputes between a couple of parties.  

You mention the local police,  maybe meaning the Policia Local.  If that is so they do not deal with crime but civil matters and enforcing by laws.  If they make an arrest for a crime they must take the person  to the Policia National of Guardia Civil (the real police for that area) who take over the case. 

In Nicky’s case she is taking about a criminal offence.  Fraud.  There would no attempt at the kind of mediation you mention.  If the person in her case is convicted then he would cease to have any claim of exclusivity against Nicky.  She could sell the property herself or though another agent without any fear that the 'fraudulent agent' would any claim on her.  Thus her problem would be resolved.

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My understanding is if the policia local find there is a case to answer, other than the mention of harassment via text messages ,then it will be directed to the Guardia Civil.
However as only Nickys lawyer has seen the contract we are discussing something that is total hearsay and none can predict how serious or not this maybe.
Certainly if I had such a problem then I wouldnt have second thoughts in making a denuncia if advised. If only to save others from being in this situation. Regardless of the outcome because one has to stand up for what is right in my opinion.

In fact I have a problem, of fraud, that if not addressed by the pepertrator (with whom discussions have taken place over a couple of months) within the next few days they are aware a denuncia will be made against them poste haste. So far they don't appear bothered !!!

If that happens will have firsthand knowledge, unfortunately, of how the system works....or not.

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Floella:   My understanding is if the Policia Local find there is a case to answer, other than the mention of harassment via text messages ,then it will be directed to the Guardia Civil.

The Policia Local do not have authority to accept denuncias on criminal matters.

Such reports can only be made to the Policia Nacional or the Guardia Civil (which of the two, is dependent on which force, police the area where the alleged offence took placed).  However,  a denuncia  can always be made directly to the Court of First Instance, again for the area where it happened.. 

 

Floella: However as only Nicky’s lawyer has seen the contract we are discussing something that is total hearsay and none can predict how serious or not this maybe

‘Hearsay’ (In UK)  is something which was not said in the `presence and hearing’  of an accused, and thus cannot be given in evidence in a court.  It could, and normally would, be included in an original allegation or a witness statement taken during an investiagtion..

 

However, I for one, am not discussing Nicky’s case per say, as I have said in several posts.  I am explaining a recourse, would be open to a person who finds themselves the victim of a crime. Nonetheless, I believe we can discuss the facts as presented by Nicky, so that she may have the benefit of others experience and knowledge

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Read Nicky's first post, she said that the Spanish agent is intimidating and frighting everyone, and wants to denouce all involved.

Acer said....

"Backfiring" could occur in a number of ways from losing the case and provoking an alternative legal action from the defendant, to the risk of physical violence &/or personal property damage.  You never quite know where things might lead and a percentage of the population are mentally unhinged.

Is their any need to explain further what the outcome could be like for Nicky.

 

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Just alittle update.

Laywer informed me to send a burofax canceling any agreement. Done.

The english agent advised changing the lock so on one cold access the apartment. Done.

The laywer also advised me not to take legal action, not for any of the reasons given above but becuase I do not have any witness when I signed the paper to prove that he has manipulated the paperwork. So it is his word against mine I I dont think I would get very far with that.

If I could I would go against him with everything Ive got! and the fear of loosing the sale does not fase me... its the principal of doing something against these B******** who think thaey can just walk over a person because its a woman or forigner.

The people interested still seem interested and are in consultation with the laywer concerning the paperwork they signed as it seems thay are being heald to ransome as well.

Well.... al said and done... Im off to bed.

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