Deposit Return

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12 Apr 2017 19:18 by cramper Star rating. 2 posts Send private message

Hi Maria

I would just like to say on this forum a great big thank you to you and your team again for the recovery of our deposit. We paid the deposit to San Jose in 2006 it has been a long road !! We had two solicitors before you neither of which got us anywhere. Then I decided to give you a call, which definitely was a good decision,you were confident at the time that we could get our money back which has proved correct ! It has been a very stressful time and I now look forward to receiving the interest back shortly.

Thanks again and I know if I hadn't contacted you I would have still not received any money back at all !

Very Best Regards

 





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13 Apr 2017 11:49 by mariadecastro Star rating in Algeciras (Cadiz). 9205 posts Send private message

Legal Questions? Speak to Maria Direct

Thank you always! Being here is a great learning experience



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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02 May 2017 21:09 by Betty1926 Star rating. 11 posts Send private message

Me and Burt are having a nightmare trying to get our 20,000 euro deposit back. Basically Roy the estate agent says the money is his and it’s our own fault for choosing a villa in Catral that turned out to be an illegal build. We did a lot of internet research before paying Roy the deposit and signing a private contract (in Spanish). We contacted many estate agents and even a Lawyer who advertises on here, and they all said  ‘’ It is quite usual in Spain for there to be a private contract and deposit paid to the estate agent’’.

Is this the way things work in Spain?.

 


This message was last edited by Betty1926 on 02/05/2017.



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02 May 2017 21:57 by mariadecastro Star rating in Algeciras (Cadiz). 9205 posts Send private message

Legal Questions? Speak to Maria Direct

Betty,

I would be pleased to offer my advise to you but I would need to see the contract/documents



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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03 May 2017 09:25 by Betty1926 Star rating. 11 posts Send private message

I will email it.

It only says me and Burt agree to buy xyz in Catral for 215,000 euro and pay deposit of 20,000 euro.

That’s it. I am not sure now if this is in fact a contract at all. Roy never gave us a receipt.





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03 May 2017 09:25 by briando55 Star rating in Yorkshire. 2004 posts Send private message

Maria will help as always, very experienced person.

also, who do these estate agent people think they are, if they are selling a property they have the responsibility (in my world) to ensure they are selling a property that's fit for purpose.   There is a method of taking action through a simple complaint form that all business's have to provide.   

Reasearch it, find out the name of this form and fill it in Betty, these people should be shut down, disgraceful practice. 



_______________________

Best wishes, Brian

 




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03 May 2017 09:38 by Betty1926 Star rating. 11 posts Send private message

Thanks Brian. But if estate agents are not legally regulated and have no legal enforceable code of conduct ‘’ It is quite usual in Spain for there to be a private contract and deposit paid to the estate agent’’ who do I complain to?.





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03 May 2017 09:55 by johnzx Star rating in Spain. 5119 posts Send private message

Betty, I suggest you ask (demand) the complaints form and COMPLETE them unless you get a refund there and then.  This process is free so you have nothing to lose

If search on EOS you will find a lot of posts explain how to use the forms.  In doing so, I suggest you avoid advice which is based on what happens in other countries, it is most probably totally irrelevant to SPAIN.

 





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03 May 2017 10:02 by Betty1926 Star rating. 11 posts Send private message

OK John will do.

We have already been to the local police station. We explained the situation the best we could to an inspector. He said ’’you Ingles, estate agent Ingles’’ shrugged his shoulders and laugh.





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03 May 2017 10:08 by briando55 Star rating in Yorkshire. 2004 posts Send private message

Ask for a complaints form at the police station as well.

disgraceful all round. 



_______________________

Best wishes, Brian

 




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03 May 2017 10:13 by johnzx Star rating in Spain. 5119 posts Send private message

Brian:   Ask for a complaints form at the police station as well..   disgraceful all round.

 

Betty.   In Spain if you wanted to make a crime report (and at present what you describe is probably not a crime but a bad business transaction)  you will need to go to the National Police if they cover  your town and if not to the Guardia Civil.   (That is why the local police were unable to help you.  As said beware of some advice you may see here. It may not be appropriate !

 

The Local police do not deal with crime and can be thought of as ‘traffic wardens with guns’ they are the administrative enforcement for the town hall, licencing, bye laws etc. Although they have power to arrest for crimes, if they do so they must take the prisoner to the ‘real police,’   i.e. National or Guardia,


This message was last edited by johnzx on 03/05/2017.



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03 May 2017 10:21 by briando55 Star rating in Yorkshire. 2004 posts Send private message

** EDITED **

Regardless of who is responsible for what particular crime or not, the first response of a paid police officer is to deal with a valid question from the public, no excuse.  They should give you the correct advice and place you on the path of being in touch with the correct authority to deal with your issue.  They should establish the recommended interpreters for you to approach to resolve any language barriers.  If you subscribe to the advice that you have to know exactly what the police do before you approach them, your taking their responsibility off them. 

'you ingles, estate agent ingles, laugh' is disgraceful in any ones rational behaviour.   If you don't tell them they will continue to look on people this way.  If they have a complaint procedure, use it Betty   

I believe from prior posts that an Estae agent taking money for a property that's not saleable or fit for purpose, and refuses to return a deposit is breaking the law.  If they aren't then what's the point in complaining? And moreover what's the point in estate agents!!!!

As I said Maria is the person to have a chat with, the rest of us are opinions.   And my opinion of the property market and regulation in Spain is pretty low Betty!!   Get advice and get stuck into them, hopefully they will be shut down and the local police will be more responsible by your actions on this one.

And beware of beuracratic comments that give you more work to do than you may otherwise have to, stick with your first point of call and exhaust it before chasing round in circles.  And complain, if you don't tell em they don't do anything.  


This message was last edited by briando55 on 03/05/2017.


This message was last edited by briando55 on 03/05/2017.


This message was last edited by briando55 on 03/05/2017.


This message was last edited by eos_moderators on 03/05/2017 11:33:00.

_______________________

Best wishes, Brian

 




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03 May 2017 11:36 by johnzx Star rating in Spain. 5119 posts Send private message

Just to clarify if there is any doubt

(from http://latorreinfo.com/index.php/component/attachments/download/80

 Policia Local (Local Police)

Sometimes known as the Policia Municipal, this is the force that is recruited funded and controlled by the town halls or town council and is responsible to the elected mayo(Alcalde). They wear blue and white uniforms and really deal with only minor matters such as parking, local traffic control and bylaw issues.

 Spain has no real equivalent to the bobby on the beat. …………………………………..

Crimes are not investigated by the Policía Local and any serious matter is immediately handed over to either the Guardia Civil or Policia Nacional.

 

Betty :  Would  you please clarify. 

Brian seems to think the Local police were rude and  treated you incorrectly.  Is that correct?   

From what you say, they were laughing, maybe with you. Was it that you were both unable to fully understand each other and they were trying to display a friendly attitude ?





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03 May 2017 11:45 by briando55 Star rating in Yorkshire. 2004 posts Send private message

John.   The poster here went to the police and described the reception they received, they then came away without the required information to proceed and have to come here to ask our advice.  So in your opinion, were the police being friendly and informative, or were they not giving the advice they should do and be in a position where a complaint is required?  If you have evaluated the evidence before your eyes and concluded the local police have been as helpful as they could be, you may have to reflect your more than a little bias  

hopefully the poster will ignore both of our further comments and ask Maria to intervene.

Sadly I predict more expense and a long time before they get satisfaction (unless of course someone decides to take responsibility and actually do something for them, starting with the local advice and the complaints procedures eh). 



_______________________

Best wishes, Brian

 




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03 May 2017 12:03 by johnzx Star rating in Spain. 5119 posts Send private message

 Betty.   We explained the situation the best we could to an inspector. 

From what you say, they were laughing, maybe with you. Was it that you were both unable to fully understand each other and they were trying to display a friendly attitude ?

Did you understand what they advised you to do, or was it that they did not understand you so were unable to advise you ?

If so,  I completely understand.  That is why I provide a translation and advice service at the National Police station.





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03 May 2017 12:24 by briando55 Star rating in Yorkshire. 2004 posts Send private message

It sounds very much like the service fell short of the required standard (unless standards are lower than they should be?).  

It probably takes 5 minutes to write a method of service for an area that has a large tourist and commerce population for official departments.   Perhaps I can suggest.

1.    Identify the nature of the enquiry and the people before you.

2.    Identify the language and provide a little glossy brochure with some English information and where to get the services of an interpreter.

3.    Provide the information that the enquirer needs to develop their enquiry to a resolution or to the next stage.

Hows that for starters.    For it to be done in a friendly attitude is an absolute basic approach which should be expected.   The main ambition however is to provide the basic information to develop and help resolve the issue.  

Sorry if this is not resonating, but this is what the public should expect, then everyone can be friendly and live in harmony!!!!!

And the estate agents can get what's coming to them, hey it's win win.  Unfortunately Betty at present is facing lose, lose with insufficient assistance!!!!!



_______________________

Best wishes, Brian

 




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03 May 2017 13:33 by Betty1926 Star rating. 11 posts Send private message

The police were friendly and I think they understood what we were saying had gone on. We got the impression it was not a police matter, and maybe what one Brit does to another in Spain is not Spain’s concern. But we may have misunderstood. He kept saying ‘’Ingles, Ingles’’, and shrugging his shoulders while laughing.





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03 May 2017 13:41 by briando55 Star rating in Yorkshire. 2004 posts Send private message

How bizarre.  20 grand down the river and a laughing policeman.  'Silly English what do  you expect' seems to be the inference.

cant make this stuff up can you.   

 



_______________________

Best wishes, Brian

 




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03 May 2017 13:48 by Tadd1966 Star rating in Los Montesinos. 1757 posts Send private message

Betty

The obvious advice is seek advice from a professional expert and Maria has offered.

20K€ is not an insignificant amount of money.

Whatever the police did / meant or not, is probably irrelevant to your issue with the estate agent, complaining about the police will simply give you another headache - put it down to experience and concentrate in getting your money back with the assistance of a legal professional.

Ask yourself if this happened to you in the UK what would you do?

 

 



_______________________
“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”



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03 May 2017 14:02 by briando55 Star rating in Yorkshire. 2004 posts Send private message

Hi Tadd,

is your advice to ignore the, estate agent, police and their actions, and go straight to a solicitor and instruct in future?

I reckon the first port of call for anyone facing this issue would be the police.  They should very definitely complain and leave it with the police to reply.  

They should take the advice of Maria as we said right from the start.

They should be made aware of the complaint form regarding the transaction with the estate agent and fill that in also.

Surely you can't just carry on allowing this as an acceptable standard for people in need of genuine help, that's not helping people who don't have access to further advice.    It leaves it open to a very poor service, further misery for people and crooks getting away with your hard earned (oh and pay more and wait years through a court)   

Thats my take on things anyway.  



_______________________

Best wishes, Brian

 




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