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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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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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