deposits, one of 6000 euros then one of 17000 in a months time if I want the property that I like, the company said I should THEN get a solicitor. Dodgy or what?

I had a solicitor from the day after I pout down the €3000 holding deposit, and paid all my deposits into a client holding account with the solicitors.

When I eventually decided on a property, we put down a deposit of Eu600, what we could get out of the ATM. Seated in the lawyers office as he drew up the nota simple (the initial contract) this was noted, and we asked for 21 days to send over the remaining 10% which then makes the contract binding. If we withdrew we lost our deposits, if the vendor withdrew then he had to return us double. The only provisos were we would not be penalised if we had problems obtaining a mortgage, and he would not be penalised if there was problem with the legal aspect of the deeds.

I put down a deposit and then contacted a solicitor (on advise I was given). The solicitor e-mailed within 48 hours to withdraw. We lost all our deposit. Always contact a solicitor before you part with any money.

Thanks, sorry to hear about your story, I've already put down the first one, hope the same doesn't happen to me.

We have got over it! And we are in the process of trying to get in back. But we are now the proud owners of a lovely house. So it all came good.

I don't want to go into the lawyer scenario again but just to avoid confusion:

A 'nota simple' is not a contract. It is an extract from the property registry which gives a précis of the information contained in the register detailing the current owners and the financial and legal status of the property.

The initial contract is a 'Contrato de Compraventa' where the 10% deposit is paid and is enforceable in Spanish law but this is sometimes preceeded by what agents and their in cahoots lawyers like to call a 'holding contract' and usually involves the payment of an amount of €3.000 to €6.000. This has no legal basis and recovery of these funds in the event of a transaction falling through can prove fruitless.

No money whatsoever should be paid to either the seller or an agent or lawyer until the purchaser has his finances in place and the legal aspects of the paperwork have been confirmed to be in order.

Have to agree with Beech here.

It's a buyer's market at the moment and the property in question will probably have been on the market for months with multiple agents, so everyone just wants to tie you in to the deal.

And as for the double-your-money-back guarantee if the seller pulls out - pull the other one. Who's going to sue the seller for double your deposit? You are. Who's going to pay for all the legal costs and Spanish courts? You are. When do you think you will get double-your-money-back? In years and years time, if you're very lucky. Not worth the paper it's written on. (IMHO).

Get a spainish lawyer first and not the one the agent recommends.

We've been waiting for years now to have our property properly registered using our lawyer (recommended by the agents, of course). She has no interest in us as she's already been paid. Still, we keep hassling her and stay hopeful.

It's a new build, does this make it any worse, or doesn't it make any difference?

No difference at all all the illegal builds were new once

Just google "operation Malaya" and have a read that will put you in the picture a bit.

And then no problems, Mike?

It's a complex of 84 apartments, but I suppose that still doesn't make any difference , does it?

Hi,
I would say get a solicitor and then get them to put in the cotract if you are unable to get a mortgage or the sale falls through you will get your cash back.
Do not give cash to the estate agents, give it to your solicitor and he will hold it, but please get it in a contract you will get what you put down back

One of the illegal places being investigated by "Malaya" is a block of 230 apartments on the beach at Marbella, nothing too conspicuous.

Abslutely none, sent over the required amount through Currencies Direct at the appropriate time, and everything went smooth as silk. Had to have notary to be there for the actual signing as we couldn't get over.
UK house was causing more problems with land registry. :scared: