06 April 2010:
I sold my house near Algorfa 18 months ago and moved back to England to be near my Grandchildren. I however have kept close contact with my many very good friends friends I made when I lived there and go to visit them on a regular basis.
A very good friend of mine has recently placed his property on the market with a very, very well known agency which has a very modern office located in Benijofar.
My friend had to sign a contract allowing them to sell his property. (nothing wrong there you say). However, along with the fact that if he removes his property from the Agency, he has to pay them €150, it also turns out that on reading the contract he signed there is an extremely ambiguously worded clause which effectively says that this Estate Agency has full power of attorney to accept any bid on the property on behalf of the seller, and the seller therefore has no legal right whether to accept or not. This may not be a major problem, if the power of attorney has been fully explained to them but if the house is on sale with other agents and a better offer is put to the seller, surely the seller has the right to decide to choose which offer to take?
With the Power of Attorney being added into this contract and not being fully explained to the seller, surely this is not only underhanded and unscroupolous, surely it is Illegal!
My friend has been to various lawyers and each tell him the same thing. He has effectively signed Power of attorney over to the Estate Agents, and they are completely within their rights to accept an offer on their behalf and this is a legally binding contract!
If he wishes to remove his property from this Agency he will effectively lose €150, but it would be the lesser of two evils if the property is sold, without his legal right to accept to an offer which would be his lowest acceptable price!
If I was still selling my property and wished someone to have Power of Attorney I would go to the Lawyers and get it done through them. I would in no way give it to an Estate Agent!
My friend feels like a fool and the worry that his house will be sold without his ability to choose to accept the offer is now affecting his health. He was effectively caught out with small print and legal jargon.
Is this right? If not, can someone help?
Thread: Is this right??