refund of deposit

We decided to purchase a flat in Spain recently and 3000was debited from our account. Does anyone know if it's possible to get this back if we decide not to proceed. The flat was above our budget but as it was fully furnished we thought we would have no more expense, but on a viewing before we returned home we realised everything included is really old and well worn including all the electrical items and would need replacing - something we hadn't noticed before making the offer.

If we reduce the offer to take this into account or pull out alltogether would the estate agent refund the 3000 euros?

Any advice much appreciated

As I understand it, if you make a deposit and then withdraw then you lose the deposit. If the seller takes the deposit and pulls out then they have to pay double the deposit back.

You could, of course, always ask the agent.

Most to buy contracts (Compraventas) include a clause to the effect that one pays a deposit, usually 10%.    

If the buyer pulls out that is forfeited.   

If the seller pulls out, then they must repay the deposit plus an equal amount.

In the circumstances you describe, I cannot see how you can escape from the contract you entered into.     It is normally legally binding.

Eddie

I'm assuming you signed a reservation document then, what does that say? I'm sure it would mention what would happen to the 3k in the event you didn't go forward with it.

It all took place over the phone. We were foolishly persuaded to increase our offer and give debit card details so the agents could take the 3000, so we had no idea what the contract meant.

Oh dear

My Immediate reaction is the 'Distance Selling Regulations' they are in force throughout the EU, I've no idea if they cover this or not, need to research quickly. Are you sure ii was a debit card? pity it wasn't a credit card you may have had recourse through the card issuer! Non the less, it might be worth having a word with your bank

Yes I'm afraid it wasn't a credit card. The agent made a point of asking for a debit card.

Eddie you don't actually say that you signed the Compraventa.  Did you?

I do not think that a credit card payment would have been refunded as it appears there was no deception, misrepresentation etc.   A credit card payment does not protect a person from being unwise.

This is from the internet :-  Problems that are covered:-

The company has failed to supply the goods or have supplied goods that are not up to standard, or

The company must have misrepresented what it is supplying or selling; for example, a software supplier that says a software package you’re buying will work with a particular computer when it doesn’t.

This is going to sound extremely stupid but we do not have a clue what it was that we signed but we did sign something.

OK.   Well you need to find out what you signed.  If it was a Compraventa then you would have signed to agree on what date the purchase would be completed. If on that day you do not complete, then you will automatically loose the deposit.

We've found a copy of what we signed. It's all in Spanish and at the top it says Oferta Y Deposito.

It all took place over the phone. We were foolishly persuaded to increase our offer and give debit card details so the agents could take the 3000, so we had no idea what the contract meant.

How and when did you sign anything? did they email you something and you signed it and sent it back? or did you sign something before you left Spain? and then when you got home they called for the deposit?

Sory eddie our last posts crossed.

So you made an offer and signed to pay a deposit although you say that subsequently you had to up the original offer and then payment was taken over the phone when you got home - is that right? Well it dosen't appear that you have signed a compraventa (purchase contract) just made some sort of holding deposit.

You will struggle to get it back, kick up a right fuss and employ some heavy weight lawyers thus incuring more costs is your only chance

Sorry, no, this is how it went - we told agent our budget and we were determined to stick to that but we were persuaded because apartment was fully furnished  to increase offer. This was all done on the phone in Spain and card debited over phone. We went to agents next day and signed this oferta y deposito. Before flying back we viewed property again and realised how much we would have to spend. We are now back in uk trying to work out what our rights are.

Have tried to contact agent but no reply.

We went to agents next day and signed this oferta y deposito

Ok I understand, Unlikely the distance seliing rules will be of any use then.

Get the document you signed translated and see it what it says in terms of you not proceeding - I'm sure it must say something

Will try and in the meantime agent may contact us. Will let you know. Many thanks

Get Bing or Google translate up in your browser and just type it in, shouldn't take long. Personally I prefer Bing for accuracy

Ok , will have a go. Thank you

Eddie:

I would need to see the contract you signed. It depends of what you agreed there

It was called oferta y deposito and was all in Spanish. I translated bits of it and it seems this is not refundable. The agent has confirmed this. We were foolish to part with money before doing any checks. We would be grateful for any advice , Maria, and it also may help people thinking of buying.