problems buying a flat in Spain

rifalda

Is there a lawyer to help me out with a problem that I had when I was trying to buy a flat in Spain, through a British property promoter "Iberian International"? They claimed they are experts in selling homes in Spain, they say they have experienced partners and the only thing that you have to do is choose a home, pay the money and sign. The problem is that after four months of asking questions and waiting for answers, they finally said I could go to exchange the contracts, I went to Alicante and at the very moment I couldn't close the deal because the Notary asked me for a paper that the lawyer didn't know I "must" have. This paper has to be issue by my country of origin, takes about 90 dias to get it, so it was really important. We had paid for everything, admin, bank, survey, solicitors, etc., and this situation put the whole operation on hold. We do not trust these people anymore and want our deposit back 10k euros. After two months of discussion they said that they have done everything fine and they won't give the deposit back because we signed a contract with them, and the money stays for two years so we can back to them in the future to buy another property!!!.

Please help me to know if we have a case against this company and if there is any way that we can have our money back on the grounds that they didn't deliver the services that they offered and it was not our fault that we didn't exchange the contracts!. Mainly we don't trust them and we don't want to deal with them anymore.

sandy2_2

What was the peice of paper you were supposed to have

lynzpower

Ive just looked and from what I can tell on https://www.companieshouse.gov.uk they seem not to be registered.

Considering they seem to offer financial advice, Im not sure thats legal.

I would speak to consumerdirect.gov.uk about this point, and maybe the FSA. In fact I expect the FSA would be the best port of call. Are you going into a finance agreement with them or are you using cash/ finance from another company?

wecanhelpu

I am no legal expert and do not know anything about the company you refer to or anything about the process you have gone through.

But I would imagine that when you paid the 10,000 euros and agreed to buy the property that you also signed something.

That something that you signed will have some small print saying something like (and I paraphrase here) :


"In the event of you spending 10,000 euros and things not going as you would have liked - tough sh*t"

As I say, I am not a lawyer, but you get the idea.

pinkshoes

rifalda wrote: »

I went to Alicante and at the very moment I couldn't close the deal because the Notary asked me for a paper that the lawyer didn't know I "must" have.

When buying a property abroad, it is VERY important to have a lawyer that speaks both languages fluently, and who understands the property law in the country you're buying in.

Do a google search for another lawyer and get them on the case! It may cost you more money, but at the moment you're gonna loose €10,000 so it could be worth it!

rifalda

sandy2 wrote: »

What was the peice of paper you were supposed to have

Sorry that I haven't answered before but my computer was not working. Well the paper was a marriage certificate, which I have, but because I'm not European, this paper has to be "apostillado" which means that it has to have a "marginal note of it's validation" and is only made in the country of origin and it takes up to 90 days to get it apart from the trip that you have to make, in my case I have to go to Mexico.
This is a must have paper for non Europeans, and that was my main problem, because I told since the beginning to these people, the sellers, the promoters, the solicitors and the mortgage representative that I was Mexican and I know that for us everything is different. All the time they said to me you don't have to worry we will take care of you. (paying for all the services of course)

I would like to know if on the grounds that they didn't deliver the professional service and advice that promised I can ask them legally to return my deposit 10k euros. They said that the contract that I have signed says that in the event that you decide not to buy the property the deposit is not refundable. Of course but what happens when the decision is made on them not to fulfill their promises???.
The exchange of contract was not made only because I was never been asked to have that document. Even the solicitor that was appointed for the promoters have reimbursed the initial fee that we paid because the knew they made a mistake.

lynzpower

Do you mean marriage in terms of your own marriage ( ie husband & wife) or in terms of property ( there is marriage value in the wonderful world of leases)

Edited, sorry jsut realised you are mexican

poochel

rifalda wrote: »

Sorry that I haven't answered before but my computer was not working. Well the paper was a marriage certificate, which I have, but because I'm not European, this paper has to be "apostillado" which means that it has to have a "marginal note of it's validation" and is only made in the country of origin and it takes up to 90 days to get it apart from the trip that you have to make, in my case I have to go to Mexico.
.

I'm sorry I can't contribute anything useful to help you but just wanted to check if you're sure that it takes 90 days to get it? The only reason I say that is because if it's anything like it is here, you can attend the Foreign & Commonwealth equivalent in person, wait in the queue for a couple of hours, pay your fee (£27) and get it legalised (ie the apostille affixed) on the spot. I appreciate this could involve going to Mexico, but could you get someone you know out there to do it for you instead? They could then send it over and you'd get it within days rather than 3 months?

lynzpower

OP
did you marry here in the UK and did you marry a EU citizen?

sandy2_2

When you signed the contract, didn't you have to give details of nationality, passport number and NIE, at that point they should have been aware you were mexican and required special provisions. However you did say you knew everything was different for Mexicans, what research did you do beforehand to find out what was required from you. Would the promoters not be prepared to wait to get the necessary paperwork , couldn't your husband buy the apartment in his name, so alleviating the problem. Alternatively, I would seek independent legal advice from a Spanish Abogado.
It might even be worth posting your question on one of the Spanish based expats sites

rifalda

Thank you very much for all the messages. Yes, I know I should've have taken my own provisions, rather than just let this "British" company take care of my situation.
We have been thinking a lot about the posibilities. At this stage is not only the paper, what bother us the must is the incompetence of this companies and the frustration that the law can do almost anything to protect our consumer rights. We had spoken to an Spanish lawyer who seems to believe that we can't do anything to recover our deposit because of the contract that we signed, which everybody knows is very much for protection of the promoter.

I am married to a Mexican person and believe me it is not that easy to get that kind of certifications, specially if you haven't been living in Mexico from a long time. So considering the actual market situation of the Spanish market we are thinking seriously to loose the £7,000 pounds and let this "Iberian International" to keep the money and be more careful the next time.