Select Properties Spain SL

I bought a house through Select Properties based in Cela, Almeria. They told me that a kitchen would be fitted (in fact they told me that a few times) and they even had us choose the worktop colour and the location of the cooker etc within the house.
After the sale was completed, I repeatedly asked for the kitchen to be fitted and was finally told that they would not fit a kitchen and that because it was not in writing, there was nothing I could do about it and it was my tough luck.
They also said they would attend the town hall with us to register for the council tax, water and electricity, after travelling 3 hours to meet them for a pre arranged appointment (time and date given by them) they said they were too busy and come back next week and they will "see" if they can fit us in but no guarantees. I am due to move to Spain permanently soon, and I will be living in Almeria and I will tell everyone I meet of my experiences of house buying through Select Properties.

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This gentleman bought a property from a businessman who renovates properties. Select Properties is the estate agency who marketed the property for sale for the developer. When the property was advertised the developer stated that he would include a kitchen and thi sinformation was relayed to prospective purchasers.

When the sale was agreed the solicitor acting for the purchaser should have put the kitchen in the purchase contract as a "condition of purchase". This was omitted and the purchaser accepted the purchase as it stood.

Afterward the developer refused to install the kitchen and, because there is no mention of a kitchen in any documentation regarding the sale, there is no leverage to persuade the developer to fulfil his verbal promise. The purchaser believes that the estate agent should pay for his kitchen, but he would be better advised to ask his solicitor what it was not included in the purchase contract.

Regarding the town hall meeting, the purchaser was contacted THE DAY BEFORE the meeting and advised that, due to staff shortages, Select Properties had no-one available to asist with his post purchase procedures. He was advised that assistance would be available before he left Spain to return to England but refused the offer. It should be remembered that estate agents have no obligation to transfer utility contracts and council registrations, in both England and Spain this is the duty of solicitors - again this buyer should refer back to their solicitor who they paid to represent them and protect their interests - not to an estate agent whose main obligation is to advertise properties for sellers.

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The arrangement was that we would contact the estate agent Monday afternoon to arrange the final meeting place on Tuesday afternoon after we had travelled 3 hours. It was us who contacted the estate agent who was ignorant and offhand with a could'nt care less attitiude and told us to travel again later in the week and they may be able to assist us, or they may be busy. (No one  would travel long distances on a maybe when the attitiude of the person on the other end of the phone is scandalous to say the least). The estate agent does have a duty to transfer utilty contracts when they advertise that as part of their service. The estate agent was repeatedly asked about the kitchens progress during the buying process, and we were told that the kitchen would now be installed after the purchase because we had to seek permission as owners to connect to the drainage system. We now know that this was a complete fabrication by the estate agent.

The solicitor was introduced by the estate agent, and they obviously do a lot of work together. The solicitor did not reply to e mails sent requesting updates and which mentioned the kitchen. When I spoke to the estate agent regarding this, he justb laughed, and said the solicitor never replies to e mails.

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Do you know Popeye its weird because when I was reading your thread and the reply from Select earlier today I was wondering to what extent they were liaising with the lawyer but you have answered the question

Rgds

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Well, I won't comment on what has gone on with this purchase, but it just goes to prove.....never employ a Solicitor who is recommended by an Agent. Always get an independant Solicitor. We went as far as employing a Uk based solicitor John Howell & Co in London, who are specialists in buying property abroad. Their costs were not much different to a Spanish solicitor, however, I have also heard very favourable reports on people who have used Spanish solicitors, but, they have always been independant from the agent.

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I take on board both your comments regarding the solicitor, and it is a lesson I have learned for the future. However, if the estate agent had been honest, I di no0t think there would have been a problem, also, if they would have been prepered to talk to me to sort out the problem amicably, there would have been no need for this discussion.

They told me that I could not do anything about it because it was not in writing. But now, my solicitor has confirmed for me that the first paragraph in selct properties reply does put it in writing. (thank you select) I am now to sue through an English court because the initial contact was made via a website tergeting English buyers, and Spain are with us in the EU. My solicitor tells me that it is fairly straightforward, but would probably be "drawn out" because the estate agent will probably try using delaying tactics.

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Could not agree with you more Fibby about independent lawyers here in Spain and yes there are some good trustworthy ones who will stand up for their clients rights as opposed to the estate agent ....... even in some rare cases where they have been introduced to the client by an agent. But everybody's rule of thumb should be make sure they are independent, get a copy of their terms of business (yes, some of them do have them itemising what they will do and all their charges), and if at all possible get a recommendation from someone who has used them. This last piece of advice I am aware is not always practical but if you can then do.

Popeye I wish you all the very best of luck with your case and hopefully Select will demonstrate the integrity that you thought they had when you first met them.

Rgds

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I was just looking for something else when I came across this thread and had to reply. I think that as an agent who is charging a comission should include at least some help, it may well be the solicitors job to transfer the utilities but time and time again the agent who sells the property leaves the buyer to struggle on alone in another country, don't they believe in aftersales or follow on business and surely they are helping the buyer with his purchase should they not make sure the kitchen was fitted????

I am pleased that you have had it confirmed re the contract go the whole way too it will be drawn out but too many people sell properties flippantly here and do not care about the buyers, just the comissions it gives a lot of people a bad name.

Good luck

 

 

 

 

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Hmmmm.....

Seems the lesson to be learned here is simply Trust Nobody! Of course, if you use a lawyer when buying, he must be of your own choice, and not appointed or recommended by the agent, but if you look around in other discussions on EOS, I'm sure you will also find stories of naff lawyers. Just do as much research as possible, get everything in writing, check and double check everything, then check it again. At the end of the day, Popeye, if the worst that happens is you have to put in your own kitchen, you've done better than some unfortunate buyers who have posted messages here, so please don't let this spoil your move to Spain - there will be many happy, sunny days ahead to compensate.

Good Luck.

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Thanks for your replies, they are much appreciated. For the record, I consider the Estate agent to be totally at fault by being untruthful about the kitchen and saying they would register with us for the local taxes and utilities when they had no intention of doing so.

If anyone should be interested, it is the Property mis-descriptions act 1991 and the accompanying specified matters order 1994 that enables me to sue Select Properties of Cela.

My first contact with Select properties was via a website advertising to rent  Casa Miguel, a 4 bedroom villa in Cela, Almeria, Andalucia.  It goes without saying that people will be put off renting that villa because of the dis-honesty of its advertisers.

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It should be made clear that the Select properties I am referring to is the one in Cela, not the one in Marbella or the one in England.

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I came across this site and string quite by accident whilst searching for information for a project I am working on about Almeria.  What I am amazed at is that everyone has taken what popeye has said as fact.  No one seems to have taken on board what the agent said. His comments (assuming it is a he) come across as someone who does indeed stick by his word.

In my view it is the developer that is at fault along with the solicitor and to some degree popeye. An agent does have a duty of care but why would anyone not want their solicitor to attend to the utilities even if the agents do offer it as part of the service? 

The problem here is that you have one person saying what he believes is right and the agent stating his side of things. I think 24hours notice that an appointment cannot be met is fair. Things can happen unexpectedly.

I do think that agents get too much of a battering, sometimes rightly so but in many cases they are used as a tool to excuse the mistakes made by either the purchaser or the solicitor.  Popeye and his solicitor should both have made sure that the kitchen was included in the contract.  It is all too easy to run an agent down when the error is someone else's.

I suppose the upshot is that you cannot keep everyone happy all of the time. One has only to look at the testimonials on their web site to see that select properties have provided excellent service to others.

I bought my house here in Spain 3 years ago and had EVERYTHING put into the contract that I wanted doing to the house, and read it through before signing, consequently everything was carried out to the letter.  Popeye clearly did not read his contract thouroughly enough otherwise he would have picked up that the kitchen was not included.

Oh, and by the way, before anyone starts ranting that I am a plant or such like. I have nothing to do with select properties and only visited their web site following my reading of this forum.

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This message was last edited by morerosado on 7/3/2007.

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Fed is that you????

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SSSSSSSSSH Gillespie

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