house sale gone wrong

timburrows

Hi we have been in the process of buying a house in spain, we fell with it online, put down a holding deposit, then through fear of losing it we were pressured into signing the contract and paying the full deposit, when we got there the house was lawful, we didn't want to go ahead with the sale, but as we have signed the contract they have said they do not have to return the deposit. BUT the contract we signed before we physically went to see the house, said sold as seen ! we hadn't actually seen the house before signing, other than photos which were inaccurate,  would tis situation null and void the contract, which will enable us to get the deposit money back?

any advice guys? 

thanks in advance 

tim 

timburrows

awful not lawful - sorry 

user1977

Nothing to do with UK consumer rights, you'd be better asking on a forum where they know about Spanish law. Didn't you get any legal advice before signing the contract?

MovingForwards

Speak with a Spanish lawyer to see what your options are, as you're probably bound by the contract.

Aylesbury_Duck

Agreed.  Assuming there is a large sum of money at stake here (it may not just be your deposit, they might sue you for other costs incurred) you must get legal advice rather than the thoughts of a random selection of laymen on the web.

Jumblebumble

timburrows said:

Hi we have been in the process of buying a house in spain, we fell with it online, put down a holding deposit, then through fear of losing it we were pressured into signing the contract and paying the full deposit, when we got there the house was lawful, we didn't want to go ahead with the sale, but as we have signed the contract they have said they do not have to return the deposit. BUT the contract we signed before we physically went to see the house, said sold as seen ! we hadn't actually seen the house before signing, other than photos which were inaccurate,  would tis situation null and void the contract, which will enable us to get the deposit money back?

any advice guys? 

thanks in advance 

tim 

This must be a wind up
No one would really put down a non refundable deposit in a foreign counrtry unseen would they?

biscan25

Jumblebumble said:

timburrows said:

Hi we have been in the process of buying a house in spain, we fell with it online, put down a holding deposit, then through fear of losing it we were pressured into signing the contract and paying the full deposit, when we got there the house was lawful, we didn't want to go ahead with the sale, but as we have signed the contract they have said they do not have to return the deposit. BUT the contract we signed before we physically went to see the house, said sold as seen ! we hadn't actually seen the house before signing, other than photos which were inaccurate,  would tis situation null and void the contract, which will enable us to get the deposit money back?

any advice guys? 

thanks in advance 

tim 

This must be a wind up
No one would really put down a non refundable deposit in a foreign counrtry unseen would they?

I think so, April 1, first post etc.

soolin

Spanish property laws are notoriously convoluted and as above you will need to talk to a lawyer, probably someone in Spain, that understands all the complexities.

However, you must be prepared for this to cost you some real money, a contract is a contract and you may well be stuck with it. Did you arrange any form of survey or inspection at all? Assuming you did the very basics you could try at least going back to the person who inspected it on your behalf or advised you about paper surveys , and ask for their help.

timburrows

im afraid guys we did pay the deposit without seeing , no april fool here, we were assured by the estate agent the house was in perfect order, and we trusted we have all the messages from her, pushing us to sign and pay, and of course they have stopped all communication,

TELLIT01

Jumblebumble said:

This must be a wind up
No one would really put down a non refundable deposit in a foreign counrtry unseen would they?

I wouldn't be so sure.  If you see some of those appearing on programmes like 'A Place in the Sun', who have never been to an area before and apparently commit to purchasing property on the first viewing, nothing is a surprise any more.

jimbo6977

What have you signed? Is it an Reservation / Preference agreement giving you first dibs, or is it more than that?

Either way it's unlikely the money you've paid is recoverable but a Reservation fee is often a lot less than the sums in play through an Arras or Compraventa.