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Your Spanish Property Questions Answered

Hola! I represent Livingstone Estates, an estate agency based in Estepona on the Costa del Sol. I have started this blog to help people out with any real estate questions they may have. The idea is to answer questions here so that others can benefit from our advice. So if you have any questions that you need answering please fire away.

Q: How do I get my depost money back?
Monday, June 22, 2009 @ 1:42 PM

 I received the following question from Jules:

"How do I get my deposit back from rip off agent Palmera Properties or the so called builder Inroal - its been over four year. I have 33 374 euros tied up on a development that it would seem is never going to be built, endless request for refunds get nowhere. The spanish system is slow and spanish solicitors want upfront cash for doing very little. I need some advice on how to handle this spanish process and those spanish solicitors. Any advice"

Hello Jules

Sorry to hear about your bad experience with buying a property in Spain.  As you probably know Palmera Properties closed down I believe over a year ago now.  

The first thing is do you have a bank guarantee?  By law the developer, Inroal, should have provided you with this.  If you do not have the bank guarantee then your lawyer has been negligent in not ensuring that this was in place when you handed over your deposit.

Secondly, do you currently have a lawyer actually trying to recover your deposit for you?  If so and you have your bank guarantee then they should be able to recover it for you, although the developer will probably delay this as much as possible.  It's unfortunate that it is no easier to execute the bank guarantees.

In terms of solicitors, it's like any profession, there are good and bad ones. There are some good lawyers active here on Eye on Spain.  My advice would be to find one who already has dealings with Inroal and preferably has had some success in retrieving money from them.

Solicitors always require a payment up front in Spain so it is important that you choose well.

I hope that helps you a little and hope that you can get this matter resolved soon.

For and on behalf of Livingstone Estates.


Livingstone Estates are a professional real estate agency based on the Costa del Sol, specialing in property in Marbella and property in Mijas.

If you would like to ask us your own question then please leave a comment on the blog.

 



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3 Comments


alandea said:
Wednesday, June 24, 2009 @ 8:20 AM

there is nothing wrong with life in spain i have lived here 12years and would not go back to the uk, what with corrupt mps and the weather anybody allowed in to sponge, etc, etc! but one thing is for sure that the so called agents over here wanting their aesy money high percentage commissions and tucking people up, especially their own folk should be regulated they have their coommision incash as much as 12or 13 percent in some cases withouth the buyers ever knowing! so my advise to these innocent folk that would like there sterling to go further here in spain find a solicitor, not first , firstly find a good resale home, not from a builder as they are often going every week, so are the agents for that matter basically keep your own hands on your own purse strings dont insult the sellers with a pathetic price we would not do that to you in the uk be realistic with your price as this is a temporary blib at the moment and prices will rise again, trust me i have seen it all before ! but dont trust the agents and there blab! they will sell their grandmothers to keep afloat believe me! i cringe when i see them. look around and then find a spanish solicitor that speaks english there are many. and good luck to you for escaping the filthy old blighty i am now ashmed of.alandrea


charlotte said:
Thursday, September 3, 2009 @ 12:45 PM

hi, wondering if you can advise. Hopefully we have sold our house in spain (at a major loss!)
The deeds are in the name of my partner and he has an nie no. (needed one to buy it) He has given me POA to complete the sale etc at the notary because there is no way he can get time off work to do so. My question is...do i have to have an nie no. to do this (i dont have one) as i am acting on his behalf.
My second question is regarding the 3% retention, we have lost 100,000 euros on what we paid for the house it seems so unfair to have to pay this retention when we are making such a loss ...is there anyway to avoid this in this scenario? would be most grateful for your advice. many thanks in anticipation.
my email is devonoak@hotmail.com


Peter said:
Monday, January 30, 2012 @ 6:43 PM

Do you have the contact details for Jules as I can't find it on the site. I would like to make contact. You can let them know my direct contact email address is peterjfirth@btinternet.com It is about Inroal and lost deposit money through Palmera.


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