British Expats

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-   -   Estate Agent Blues (https://britishexpats.com/forum/spain-75/estate-agent-blues-810455/)

Mitzyboy Sep 26th 2013 4:45 am

Estate Agent Blues
 
So .... what would you say to an estate agent that actually started to remove electrical items and furniture included in a villa sale without the knowledge of the seller or buyer .... and then told the buyer that the car that was sold with the villa wasn't included in the sale (when it was), and then tried to sell it to the buyer separately without the sellers knowledge.

bxpuser24710519 Sep 26th 2013 5:07 am

Re: Estate Agent Blues
 
A lot of unladylike words that can not be put of a public forum. ! Is there somewhere it is worth reporting them too ? :frown:

Mitzyboy Sep 26th 2013 5:13 am

Re: Estate Agent Blues
 
Well, it doesn't really matter to me so much because the sale went through and I got my money, but I've only discovered all this after I became in contact with the new owner to help him with the alarm system.

How people can be so dishonest, I just don't know. Especially as I was paying them good money

Its pure dishonesty and theft basically

Lynn R Sep 26th 2013 5:16 am

Re: Estate Agent Blues
 

Originally Posted by Mitzyboy (Post 10919323)
Well, it doesn't really matter to me so much because the sale went through and I got my money, but I've only discovered all this after I became in contact with the new owner to help him with the alarm system.

How people can be so dishonest, I just don't know. Especially as I was paying them good money

Its pure dishonesty and theft basically

Can't you denounce them? Or is it too complicated to do that if you're no longer in the country?

jackytoo Sep 26th 2013 5:31 am

Re: Estate Agent Blues
 
I would try to name and shame them (I know you can't on here). There are some other scam websites. You would be doing the others a favour who have listed with them.

On the other hand you could just thank your lucky stars you are out of it:)

Mitzyboy Sep 26th 2013 6:15 am

Re: Estate Agent Blues
 
I could thank my lucky stars, but this really sums up what dealing with many people in Spain is like. I feel so sorry for the man who bought our place because this is his introduction to Spain

Two things have now emerged, and one of them is significantly important ... you judge which it is :)

Firstly, the buyer apparently paid €10k more than I was told it sold for
Secondly, I havent paid the estate agents fees yet.

Casa Santo Estevo Sep 26th 2013 6:34 am

Re: Estate Agent Blues
 
How did you not see the details in the paperwork written by the notary?
Things like inventory and price was written into our contract.
How can agent transfer the car into someone elses name if he was not named on the documents? there must have been someone else involved with that transaction, no?


There is an agent here in Galicia who sells ruins to expats with a lot of old bits and bobs included in the price. The purchasers see that these items have been removed after the sale. The agent says that the family that owned the property before removed them. There is no proof as they were not included in the inventory.

I should say congrats on the sale as in this climate you done well to move on so quickly.

Mitzyboy Sep 26th 2013 6:42 am

Re: Estate Agent Blues
 

Originally Posted by Casa Santo Estevo (Post 10919456)
How did you not see the details in the paperwork written by the notary?
Things like inventory and price was written into our contract.
How can agent transfer the car into someone elses name if he was not named on the documents? there must have been someone else involved with that transaction, no?


I wasn't there mate, my solicitor had a POA.
I'm a little bemused myself.
The agent had signed transfer documents to transfer the car into the new name, trouble is he didn't bother.

Casa Santo Estevo Sep 26th 2013 6:47 am

Re: Estate Agent Blues
 
All I can say is bugger. The solicitor may not have acted in your interest either. :thumbdown:

stuboy Sep 26th 2013 7:45 am

Re: Estate Agent Blues
 
You would have thought that between a solicitor, a notary, an estate agent then one of them would have picked up the anomalies.

Is the entire country really so corrupt?

jackytoo Sep 26th 2013 7:59 am

Re: Estate Agent Blues
 

Originally Posted by Mitzyboy (Post 10919414)

Firstly, the buyer apparently paid €10k more than I was told it sold for
Secondly, I havent paid the estate agents fees yet.

I wouldn't pay the agent, inform them they have broken the contract between you. give an appropriate sum to the buyer and pocket the rest.

minouette Sep 26th 2013 8:35 am

Re: Estate Agent Blues
 
Sorry, but what did the buyer's solicitor do? Shouldn't have been his responsibility to ensure the inventory is agreed and then handed over?

Dick Dasterdly Sep 26th 2013 9:01 am

Re: Estate Agent Blues
 

Originally Posted by Mitzyboy (Post 10919305)
So .... what would you say to an estate agent that actually started to remove electrical items and furniture included in a villa sale without the knowledge of the seller or buyer .... and then told the buyer that the car that was sold with the villa wasn't included in the sale (when it was), and then tried to sell it to the buyer separately without the sellers knowledge.

Shocking behaviour, but personally I'm not shocked.
Where estate agents in Spain are concerned, nothing surprises me anymore.

amideislas Sep 26th 2013 9:42 am

Re: Estate Agent Blues
 
I'm very sorry to hear this.

I was starting to believe this sort of thing was slowly becoming too risky in Spain. Apparently not.

And for those of you who would claim this stuff never happens here, well, sorry, it still does.

Fredbargate Sep 26th 2013 11:20 am

Re: Estate Agent Blues
 

Originally Posted by stuboy (Post 10919577)

Is the entire country really so corrupt?

Yes from theTOP down corruption is the norm

Mitzyboy Sep 26th 2013 11:38 am

Re: Estate Agent Blues
 

Originally Posted by amideislas (Post 10919733)
I'm very sorry to hear this.

I was starting to believe this sort of thing was slowly becoming too risky in Spain. Apparently not.

And for those of you who would claim this stuff never happens here, well, sorry, it still does.

Well, thats why I posted it

As said, you would think between the lot of them that someone would have picked up what happened. I doesn't affect me so much, because as J2 pointed out, I haven't paid the estate agent. But presently the buyer is out by about €2000 on stuff from the villa (which I'm going to make damned sure is returned) plus whatever they screwed him on the car and €10k on the sale price which he needn't have paid :(

Dick Dasterdly Sep 26th 2013 11:40 am

Re: Estate Agent Blues
 

Originally Posted by stuboy (Post 10919577)

Is the entire country really so corrupt?

Unbelievably so, as Fred says from top to bottom it is the norm and generally accepted by almost everyone with little more than a shrug of the shoulders at the most, every time a new revelation comes to light.
It's simply become a natural part of the culture and has been so for a great many previous generations so it's unlikely to change or certainly not in the short term anyway, though it must be said that most of the other Med countries are little if any better in that respect.

Jon-Bxl Sep 26th 2013 3:15 pm

Re: Estate Agent Blues
 

Originally Posted by Dick Dasterdly (Post 10919830)
Unbelievably so, as Fred says from top to bottom it is the norm and generally accepted by almost everyone with little more than a shrug of the shoulders at the most, every time a new revelation comes to light.
It's simply become a natural part of the culture and has been so for a great many previous generations so it's unlikely to change or certainly not in the short term anyway, though it must be said that most of the other Med countries are little if any better in that respect.

If it wasn't Mitz posting, I'd doubt this post.

Wow, corruption, allegedly, in this triumverate - Agent, lawyer and Notaire! Crazy! They knew you were leaving the country....

I think you need legal advice here, who sends a legal letter to the agent and lawyer witholding payment until this is resolved, suggesting you make the payment directly to the buyer to make recompense........ And....... Shut down the POA. ASAP!... i'd even close the bank account as I've heard horror stories about how people can access your account in Spain.

But I personally wouldn't pay the buyer, until it is resolved, its his problem also and didnt know anything was up till later. You are already being the good Samaritan, taking this further.

Jon

missile Sep 26th 2013 5:08 pm

Re: Estate Agent Blues
 
I would guess your EA was a British expat??????????

Longlegpete Sep 26th 2013 8:13 pm

Re: Estate Agent Blues
 
Have heard of them taking items from the house, some see it as a perk of the job! But not taking more money and fiddling the car, one thing that has been said is surely the purchasers legal team should have spotted all this?

Mitzyboy Sep 26th 2013 9:53 pm

Re: Estate Agent Blues
 
I have a contract from the EA stating the purchase price. It wasnt the purchase price, they are in breach of contract. I am assuming the €10k has gone into the EA account.

My solicitor is solid. She is apalled at what happened. The €10k swapped hands on the day at the notary, but apparently out of sight or even before they got there, as the buyer, solicitor and agent all arrived together to meet my solicitor.

And ...... a warning to you all out there who are thinking of buying a property. The buyers solicitor was recommended to him by the estate agent. The solicitor has a long association with the estate agent, dealing with most of their clients.

ALWAYS ....... try and speak to your buyer before the purchase goes through. If I had been in Spain, this probably wouldn't have happened.

snikpoh Sep 27th 2013 12:40 am

Re: Estate Agent Blues
 
Just out of interest, was the EA Spanish or British (or from somewhere else)?

We have had dealings with agents who quote one price to the potential buyer and another to the owner.

In one instance, the owner took us aside and told us what the correct price for the property was (plus expenses). When we told the agent, they went very red before blowing up at the vendor!

Casa Santo Estevo Sep 27th 2013 1:26 am

Re: Estate Agent Blues
 
Mitzy...great advice.
Thanks for the conformation about your solicitor. I am sorry I jumped to an unfair conclusion.:o

tommy.irene Sep 27th 2013 1:38 am

Re: Estate Agent Blues
 
Try here.. https://www.facebook.com/groups/citizensinspain/

Mitzyboy Sep 27th 2013 2:18 am

Re: Estate Agent Blues
 

Originally Posted by snikpoh (Post 10920403)
Just out of interest, was the EA Spanish or British (or from somewhere else)?

We have had dealings with agents who quote one price to the potential buyer and another to the owner.

In one instance, the owner took us aside and told us what the correct price for the property was (plus expenses). When we told the agent, they went very red before blowing up at the vendor!

Its a mixture. A British guy, and a Spaniard, and I think there is one other that is maybe British

pete_l Sep 27th 2013 2:49 am

Re: Estate Agent Blues
 

Originally Posted by Mitzyboy (Post 10919323)
Well, it doesn't really matter to me so much because the sale went through and I got my money, but I've only discovered all this after I became in contact with the new owner to help him with the alarm system.

How people can be so dishonest, I just don't know. Especially as I was paying them good money

Its pure dishonesty and theft basically

You're right. If I was in that position (as the seller) I'd take it personally and if the buyer was willing to co-operate, I'd be prepared to go to considerable lengths, and maybe some cost, to see the individual responsible went to jail if at all possible.

missile Sep 27th 2013 3:08 am

Re: Estate Agent Blues
 

Originally Posted by Mitzyboy (Post 10920580)
Its a mixture. A British guy, and a Spaniard, and I think there is one other that is maybe British

It seems, it is the Brits in Spain who are the most dishonest.:thumbdown:

Domino Sep 27th 2013 3:08 am

Re: Estate Agent Blues
 
Mitzy sorry to hear about such events happening, especially in the circumstances.

But I have recently made comment about illegal houses (which I am not saying yours is) where the triumvirate have been negligent. This sort of incident only makes the situation appear worse - not better.

Each "professional" is there to ensure the best for their client, to ensure that Spanish law is adhered to.
As I understand it no individual is allowed to sign a document where they do not speak/understand the Spanish language.
There are so many breaches of law involved here it would probably come a close second to the Malaya case.
I wonder what the individual professional bodies would say about it all. :frown:
The same as they must say about illegal property sales - caveat emptor :confused:

As to the vehicle, it is a pity you are so honest and there weren't a string of speeding and parking fines associated with it.

I am sure that all members of BE hope you sort this out and that you have our support in what you do in this matter and for the future

KR

Lynn R Sep 27th 2013 3:12 am

Re: Estate Agent Blues
 

Originally Posted by Mitzyboy (Post 10920208)
I have a contract from the EA stating the purchase price. It wasnt the purchase price, they are in breach of contract. I am assuming the €10k has gone into the EA account.

My solicitor is solid. She is apalled at what happened. The €10k swapped hands on the day at the notary, but apparently out of sight or even before they got there, as the buyer, solicitor and agent all arrived together to meet my solicitor.

And ...... a warning to you all out there who are thinking of buying a property. The buyers solicitor was recommended to him by the estate agent. The solicitor has a long association with the estate agent, dealing with most of their clients.

ALWAYS ....... try and speak to your buyer before the purchase goes through. If I had been in Spain, this probably wouldn't have happened.

If, as it sounds, the 10k was paid as "black money", could you dob them in to Hacienda? Although that might drop your buyer in it as well, I suppose.

tommy.irene Sep 27th 2013 3:20 am

Re: Estate Agent Blues
 
I done a thread, about here in GC, were the estate agent asked how much you wanted for your house..You told him €100000 ..he sold it for €200000 ..he kept the money he made out of the sale..the old people said thats how it was done in the old days..Looks like they are still at it..

Dick Dasterdly Sep 27th 2013 4:00 am

Re: Estate Agent Blues
 

Originally Posted by tommy.irene (Post 10920675)
I done a thread, about here in GC, were the estate agent asked how much you wanted for your house..You told him €100000 ..he sold it for €200000 ..he kept the money he made out of the sale..the old people said thats how it was done in the old days..Looks like they are still at it..

Your post may sound far fetched to some, but I know it actually happens.

I recall one English E.A. and his very dodgy partner bragging to me how they could sometimes sell properties at twice the owners asking prices when the owners had moved back to England or were away for a long time.

He went on to say that he only needed to make two of those types of sale in a year in order to make a damned good easy living.

It made me very wary of having any faith or trust in E.A.s at all and when I sold my last Canarian property, for all I wasn't living there at the time, I made two special journeys out there, (one wasted), to ensure that everything was completed as I expected.

Mitzyboy Sep 27th 2013 4:14 am

Re: Estate Agent Blues
 

Originally Posted by Dick Dasterdly (Post 10920743)
Your post may sound far fetched to some, but I know it actually happens.

I recall one English E.A. and his very dodgy partner bragging to me how they could sometimes sell properties at twice the owners asking prices when the owners had moved back to England or were away for a long time.

He went on to say that he only needed to make two of those types of sale in a year in order to make a damned good easy living.

It made me very wary of having any faith or trust in E.A.s at all and when I sold my last Canarian property, for all I wasn't living there at the time, I made two special journeys out there, (one wasted), to ensure that everything was completed as I expected.

Well, if I hadnt refused their original "offer" they might have made €20k on this deal PLUS my €7200 fee ... and then theres a couple of thousand for the furniture and probably the same ripped off on the car

andyrich666 Sep 27th 2013 10:15 am

Re: Estate Agent Blues
 

Originally Posted by Dick Dasterdly (Post 10920743)
Your post may sound far fetched to some, but I know it actually happens.

I recall one English E.A. and his very dodgy partner bragging to me how they could sometimes sell properties at twice the owners asking prices when the owners had moved back to England or were away for a long time.

He went on to say that he only needed to make two of those types of sale in a year in order to make a damned good easy living.

It made me very wary of having any faith or trust in E.A.s at all and when I sold my last Canarian property, for all I wasn't living there at the time, I made two special journeys out there, (one wasted), to ensure that everything was completed as I expected.

They are all arseholes, one of my closest mates, he is a agent & he is helping me through a issue with another agent right now that is being reported to the TPO, however even though he is my mate, we were talking only this week of a issue that went bad when he was my agent, but because of him and we lost a few grand (which I never let on to this day) but I suffered it as he was advising me, well only yesterday he told me he took the paperwork from his client to a solicitor to make sure it was solid, he is my mate but he took his client first, I get that though cos it was a lifetime job, all a bit complicated, however I trust him more now since this revelation.

anyway if he had not have stiffed me we would not be moving to Spain, so............


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