Deposit to estate agent.

The buyer is not left unprotected because they should not give any monies in the form of a deposit over to any Estate Agent, lets not go into the reasons why not again, a decent Solicitor is about as good as it will get.

Yes, if the buyer backs out they are supposed to lose the deposit.

If you give the deposit over to any decent Solicitor and the seller backs out then thats up to the decent Solicitor to chase the seller for what every the agreement was in place, hand a deposit to any Estate Agent, the seller backs out, forget any reimbursement, might not even get your deposit back either.

Baz, would you class  ‘shrug shoulders’ as a competent professional legal adviser?

Perhaps the problem here is that the buyer is asked or demanded to pay a deposit but actually owns or has bought nothing but a phantom promise. Whoever has the money in their pocket is King and rules.

No Kavanagh not one bit, like I said if this person cant help with a simple question like 'Shall I give my deposit to an Estate Agent' could you trust them with any major problems that might crop up later on.

It's just a case of keep on looking for a half decent Solicitor, wouldn't be a bad start to ask the Solictor on here Maria, or maybe she could recommend someone in the area closer to, only got to ask the question.

Well ads if you have bought any house in Spain you would know all the answers to the question you are asking, bad enough if you are not sure of your lawyer / solicitor and you give them your deposit at least in your own mind you would have been seen to have done the correct way of doing things, there is no legal requirement for any one to hand over their money to anyone, be it solicitor or agents, should be your own brain that tells you the correct thing to do.

Legal liability action against any agents or solicitors, is that meant to be a joke or what? You got folk on here waiting 10 years plus to get a deposit or money handed over to builders when they do a runner, so you know that answer also.

Basically no laws of any substance, thought everyone knew this, buyer beware even buying a pair of shoes.

Baz you make paint dry sound exciting.

Baz you make paint dry sound exciting......fazarelli, thank you, best complement had for ages.

Fazarelli

This is not so black and white as you suggest. You have to be very careful when making generalisations to suggest that all instances of handing over of deposits fit into the same bag, so to speak.

Offplan purchase has proved to be an incredibly complex legal fight in the main due to the cynical and purposeful behaviour of Banks in denial of their legal obligations according to existing law. 

The reason that all too many have been waiting for return of their monies with regard to Ley 57/68 offplan purchase ( those waiting 10 years and more), even when they eventually used respected legal firms to represent them, is due to the Banks proliferation of appeals, the manipulative attempts to significantly delay supportive SC doctrine, their cynical determination to overload the courts and judiciary in a purposeful attempt to delay rightful return of monies in that process, but also in the hope that legitimate claimants would be subjected to massive delays relating to the eventual return of AWARDED costs and interests which placed many with the dilemma of how they meet the ongoing costs in the abusively lengthy interim periods. The banks during this last decade and beyond have purposefully used their methods of legal defence to try and disincentivise legal action against them by playing the system of delays to their advantage and to obstruct legitimate claimants at every opportunity in that process.

Their sole objective has increasingly become obstructive and purposeful undermining of the justice system which unfortunately has not been responded to by the Spanish Government in the form of increasing the judicial and court resources necessary to meet this threat by the Banks ongoing disgraceful behaviour.

Neither has it been helped by the SC judiciary of late making some highly questionable rulings that appear to have undermined the progress of making Banks accountable, which has taken years to achieve.

Having said all of the above, the message that needs to be addressed loud and clear is that if Spain continues to under- resource the justice and court systems and allow powerful financial institutions to run roughshod over the system of justice in this way, and undermine the rule of law in that process then ALL citizens whether they be buyers or sellers, or trusted law firms, or agents alike, are failing to recognise the serious threat that comes when there is a breakdown to the rule of law that we all depend upon in any civilised society. This is not only a messsage of BUYER BEWARE but CITIZEN BEWARE and wake up to uncomfortable realities associated with turning blind eyes to the undermining of citizen rights and civilised society.

A good post ads, it would seem the banks and financial institutes are running the justice system and every rogue is jumping on the band wagon.  Not good for Spain’s image or reputation is it?

Tex I agree with a lot of your comlaints, the Spanish conveyancing market is unregulated solicitors and agents charge what they like, the 3000 euro holding deposit appears at the moment to be the going rate, and is either taken by the Agent, or solicitor with a formal contract, the problem is there is no contract documentation from the seller leaving the process open to abuse. The Spanish property market is a bit like the Wild West, don't believe anything and trust no one.       

Personally I would rather give my holding deposit to my Lawyer as apposed to a Estate agent over the years I have read many stories of estate agents / Builder's running off with the money...I also know that Spanish Lawyer's seem to not follow the rules as per contract ...but never the less they are probably the safest bet I have done this on 2 occasions and everything has gone smoothly.

Perhaps it’s worth remembering that the low Spanish property market prices are partly caused by the Wild West industry it is. Risk and reward. One bedroom flat London £600,000 5 Bed villa with pool in Spain €300,000.

Really? Comparing property in London, one of  the most expensive cities on the planet, with somewhere in the south of Spain? Now try similar properties  in the  centre of Madrid.

And at 600 grand for a one bed flat you must be  talking of Chelsea or Kensington. 3 bed apartment in Hackney going for 355,000 and go over to Plaistow and you'll get a 4 or 5 bed house for that price.

I should think the fact that the Spanish average earnings would also come into it.

I have pretty sure that with the change in tax on rental on properties owned by non resident UK nationals, which will make it pointless to let, legally anyway, and now the corona virus, I suspect property values in Spain will decline significantly.

Yes John corona virus will probably be another kick in the teeth to property values in Spain.

Mariedev  I said ‘’partly caused’’.

I know this is off the topic.. personally I think the reason most seller's are having problems selling their property is down to the fact.. that although they look quite attractive on the outside ..what I found when I was looking for another Villa back last year is that everyone I looked at was totally worn out / dated inside ...the majority still had the builder's furniture pack from 20 years back with original decor/ light fittings/bathroom/kitchen and they where asking top dollar for them ... some   I looked at had been on the market for 3 year's and still not selling ..I did mention this to the various estate agents ... Spanish estate agents just haven't got a clue about pricing a property or showing prospective buyers around... every single property I went to had not been presented in a good light ...they couldn't even bothered going round to these properties beforehand to air them out and open the shutters up ...they are charging 5 times more to sell Spanish properties than a UK estate agents charge ( why )...I sold a property in the UK back last year I asked the estate not to hold back as I did want to sell my house ...he advised me to upgrade the kitchen and paint and decorate the house in a neutral bright colour  /fit new carpeting throughout he said if you do this your house will sell your house and get a good price he also suggested i look at the new builds to get some ideas..we took his advice and we sold the house within 3 weeks of putting it up for sale...what makes people think they can buy a property especially in Spain rent and abuse the hell out of it for 20 years and then expect to sell it for more than they paid for it.

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Good post Windy.

Estate agents are a peculiar breed. They all want to drive a flash car, dress up like a tailors dummy and do no work that can be measured. Fair enough if they can get away with it and get paid at the same time. In Spain estate agents charge 5 times more because the market is full of suckers. It won’t last forever, or will it?

Yes KAVANAGH, the Spanish Estate Agents are a peculiar breed, they are the Del Boys of the conveyancing market the only thing that is missing is the cloth cap, they are experts at fleecing the suckers.May be its because  they come from a Timeshare sales background, where ripping customers off is the order of the day. I think their days are numbered, but I am surprised that the UK online agency Purplebricks are not active in Spain.  

Maybe it’s a lack of enforceable regulation or no laws or regulation at all. Countries that are weak (or turn a blind eye) on laws and regulation will always attract Spivs and scum seeking a good life from thieving. I have never understood the difference between cheating a Granny out of €1,000s is only a civil offence, but a starving beggar stealing a Mars Bar is a criminal offence.

If by cheating you mean criminal deception that is a crime in spain. I don't know the actual law under the criminal code but it would be the equivalent to section 15 theft act 1968 in U.K. 

Hello John

Every time you contact the police it would seem section ‘’nothing to do with us’’ applies.

You have lived and worked in both countries, in the UK as a Senior Detective Chief Inspector for many years and in Spain as a senior Police advisor. Please let us all know the difference under either justice system between the rogue trader (non criminal) who only commits civil disputes like (drive tarmacer, aerial fitter, roof tiller) who generally rips off (robs) old age pensioners for €£1,000s and the actual criminal who shop lifts a Snickers Bar for 50p.

Each case depends on the facts.  That is why police officers investigating allegations of crime need to be fully conversant with the law and how courts have interpreted facts over the years since it was enacted. 

example.   If I offer to asphalt a driveway but don't give a price and the offer is accepted then if it is considered i over charged it is civil matter.

  If I give a price and say that I will supply ten tons of asphalt, I do the job using much less then that is probably a criminal matter. 

Often fraudster are well informed on the law and take care not to overstep the line. 

This message was last edited by johnzx on 08/04/2020.