Exclusivity with estate agent.

Floella, Yep, sure, I have no doubt a solicitor will of course recommend a route which means they cannot charge !!

But then I too believe in the tooth fairy and Santa.

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One reason why I would never have suggested seeking legal advice without firstly exploring all free options.

As someone who still has the odd tooth to place under a pillow and always hangs up a woollen sock on Christmas Eve....are you telling me John that tooth fairies and Santa don't exist.......well, that's my day ruined.......lol

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thank you so much for your comments. I had a intresting conversation with the Laywer. Fist she told me that I shoould send the offending agent a buro fax to officialy teminate any agreement that thee might be between me and the agent. She told me that i should also consider denounceing him for manipulating the paperwork.

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deleted

 

This message was last edited by elaineG on 02/11/2013.

This message was last edited by elaineG on 02/11/2013.

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Nicky, If you do decide to make a denuncia, as suggested by your lawyer, you will not be able to do so online or on the 902 102 112 number.  

It will have to be to the police for the area where the ‘crime’ happened.-  So either the Policia Nacional  or Guardia Civil, whichever polices your area.  However, that means that you will have to do so in Spanish, if necessary with an interpreter provided by you.   

There is an alternative though.   In Spain one can make a denuncia directly to the court  (Juzgados de Primera Instancia) it does not have to be to the police.   In which case there should almost certainly be an interpreter provided.

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I see you're still on the red meat diet Johnzx.  The bureau fax suggestion cancelling the agency agreement seems sound, but what is to be gained by a denouncia?  Unless there is solid evidence that will stand up in court that the agent did falsify the agreement, issuing a denouncia might well backfire.

You never quite know what you are getting into when you choose a fight like this and what are you hoping to achieve?   Particularly now that the purchaser has gone.   Even if Nicky wins there will not be any financial compensation.  So it's both risky and pointless to my way of thinking.

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Acer,  I was not recommending that route, it was her solicitor ( She -- solicitor .--- told me that i should also consider denouncing him for manipulating the paperwork)  Just telling how she could do it if she did not know.

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I can read the comment as well as you can Johnzx, but really don't see the benefit and not sure that encouraging Nicky in that direction was wise.

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Well we differ on that, but then maybe you have more experience on making denuncias than Nicky' s solicitor and me, assisting with over 4,000 in 15 years.

 

This message was last edited by johnzx on 06/11/2013.

This message was last edited by johnzx on 07/11/2013.

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Johnzx, that's not really relevant, this is more a matter of common sense.  For sure, denouncias can serve a useful purpose in some situations - but I really don't see the point here and surely you will admit that there are risks in doing so.  But please clarify, if all goes well, what do you expect Nicky to gain from issuing a denouncia?

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My goodness Acer, what is the problem.

Surely to goodness if a Spanish lawyer recommends their client make a denuncia then what right have any of we, non Spaniards, to disagree.
Think we should all give Nicky the credit of having a brain that is capable of acting on professional advice as she thinks fit.

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Acer  ................what do you expect Nicky to gain from issuing making a denouncia  denuncia  ?

The agent will be prosecuted for fraud, she will not tied to the fraudulent contract and it will not cost her legal fees.

(sorry everybody for explaining the obvious)

Acer....  that's not really relevant,  this is more a matter of common sense

What's not relevant,  actual knowledge and experience ?  

And just in passing, 'common sense' has absolutely no relevance in law.

 

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Floella/Johnzx - Nicky came on this board for suggestions and advice.  She may, or may not, have made the error of giving her exclusivity to the Spanish agent - but when she came to this board she certainly did not specify the exclusivity of you two!

Johnzx - you have failed to answer the question - it was please clarify, if all goes well, what do you expect Nicky to gain from issuing a denouncia?

Floella you say...we should all give Nicky the credit of having a brain that is capable of acting on professional advice as she thinks fit...BUT SHE ASKED FOR ADVICE AND I'M FAR FROM CONVINCED THAT JOHNZX's IS VERY CLEVER - SEE ABOVE!!!
 

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Johnzx - you have failed to answer the question - it was please clarify, if all goes well, what do you expect Nicky to gain from issuing a denouncia making a denuncia

NB one makes a crime report.

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.

 

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Johnzx - your post is a bit patronising.  I was just trying to get an answer from you, which took some time in being provided.

Now you say "a conviction resolves Nicky's problem" but how does this actually benefit Nicky?  Whilst there may be some "revenge" element, to me this has to be considered against the possibility of the denouncia back firing, even more so if she loses.

It is always best to avoid becoming emotional and vindictive in these situation.  The solicitor might well have just mentioned the denouncia as an option is passing and I'm not convinced that you are right to promote the idea unless there is a clear benefit in doing so.

 

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Now you say "a conviction resolves Nicky's problem" but how does this actually benefit Nicky?  Whilst there may be some "revenge" element, to me this has to be considered against the possibility of the denouncia back firing, even more so if she loses.

Acer.

Not understanding the full implications of the "Denouncia" should anyone use these, have you had one, as you say, back fire on you? what exactly would happen if one did?

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Hi Baz1946,

I've not issued a Denouncia myself as yet, even though I've had justificatiuon.  But my comment was really directed towards the end result.  I cannot see any justification for financial compensation being awarded, so I was questioning what benefit was expected by making a denouncia.

"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.

I'm not saying that you shouldn't stand up for your legal rights etc, far from it, just that on occasions you have to weigh the risk of doing so against the likely benefit.

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 Hi Baz1946,

I've not issued a Denouncia myself as yet, even though I've had justificatiuon.  But my comment was really directed towards the end result.  I cannot see any justification for financial compensation being awarded, so I was questioning what benefit was expected by making a denouncia.

"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.

I'm not saying that you shouldn't stand up for your legal rights etc, far from it, just that on occasions you have to weigh the risk of doing so against the likely benefit.

Thanks acer.

Can see what you mean and understand where your coming from with these,  fully agree maybe the outcome could be worse then the crime.

Mentally unhinged percentages i here you say..Love it...Thats yet another thumbs down from my friend.

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I should like to make it clear a ‘denuncia’ in Spain a ‘crime report’ i.e. just like in UK if your car was stolen, or money was stolen from you or your bank account,  you would make a crime report.  It has nothing to do with ‘denouncing’ a person in the English sense.

 

Once one has made the ‘denuncia’   ‘crime report’ the police pass the info to the court and then a judge decides whether to take any action.  If action is taken there is no way it can ‘back fire’ on the person making the crime report unless it was false report made knowing that it was false made for some vindictive purpose.  There is no financial cost at any point to the person making the report.

 

 In over 15years in Spain assisting with at least 4,000 denuncias,  I have never known any report which has ‘backfired’.

 

NB anyone who refers to a crime report in Spain as anything other than a ‘denuncia’ for example, a  ‘denouncia’ clearly has no knowledge of the crime report system in Spain and thus anything they say should be viewed in that light.

 

Note. I am not suggesting that in a particular case one should or should not make a report; it is a matter for each individual.  I am only trying to clarify what such a report is and how it is dealt with.

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As it appears by the Brits that to " denounce" someone is akin to automatically getting them imprisioned or shot.... as it was in the Spanish civil war....I spoke with my Spanish friend , an abogado, about denuncias in my area of Murcia and possible consequences.

This was his advice.
A denuncia is making a complaint through official channels but firstly you should speak with the person you have a problem with.
If the problem continues then you make a denuncia to the local policia who will visit the person to try and resolve it amicably.
Only if the policia regard that criminal activities have taken place will it be taken further and possible court action occur.
If it is a problem of nuisance , between 2 or more parties, then private court action could be an option.

Much the same as in UK except we have various agencies eg. police, trading standards, local council for different problems all of whom have the power to take the perpetrator to court.
No-one thinks it is a big deal in UK so why should it be here.

The only difference between here and UK is that , for a foreigner, if a denuncia results in a criminal conviction then after 3 convictions they will banned from registraring and have to leave the country.

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