Spanish Property - Urgent

Triple_B_2

Hope someone can help, Martin can you help please?

I am in a bit of a situation ... The company with whom i reserved an appartment in Spain have informed me that they would not give me the reservation deposit of £2000 back because it exceeds the cooling off period.

I was going to sign the contract (and put down 30% deposit)but a family emergency has happened and i want to pull out.I am still battling with them. I did not sign anything when i paid the reservation deposit and am taking the "compassionate" approach hoping they will give in. They have given me until next Monday to sign contract or loose deposit.

I am in serious risk of loosing that money ...... but am trying to think through logical routes.

Can you help.. . I don't know my rights.

HGLTsuperstar

What was the small print in the paperwork when you handed over the deposit? I'm assuming you did get something in writing, didnt just hand over 2K with nothing to shpw for it. Is the company based in the UK or Spain, as this could make things even trickier. Also how much did you exceed the "cooling off period", if it was stated in a legal document, then you're coming from a very weak position

Triple_B_2

thanks so much for giving me your views on this situation.

What you need to know is that i have paid £2000 (using my Credit Card)to reserve the property (off plan). The "28 day cooling off period" is over which is why they are refusing to refund the reservation deposit. I didn't sign any documents about reservation conditions, so am i in my right to ask for the money back?? Could they say that since i haven't signed anything they are not entitled to give me anything?? All i have is an email which says the following and a copy of the receipt (with no conditions):

"...they (the developer) will hold this apartment in your name over the weekend. If you like, you can put a fully refundable deposit of 3000 € (that's £2061.45 at the current rate), which will keep the apartment safe until such time as you can get out here to take a look. If at that time, you decide you don't want to proceed, for whatever reason, the money will be refunded to you".

Developer is Spanish and estate agent are British but based in Spain.
Went to see property beginning of June, due to no fault of my own was sent the contract (to put 30% down and confirm purchase) at the end of August and thats when family emergency happened.

What do you think??

grumpyoldgit_2

It may be worth your while to talk to your credit card company as they made the actual payment.

GoG

Triple_B_2

thanks for that, but say what to the Credit Card Company? Do you mean to see if i am insured on that sort of transaction? How?

grumpyoldgit_2

Triple_B wrote:

thanks for that, but say what to the Credit Card Company? Do you mean to see if i am insured on that sort of transaction? How?

I meant explain it to them - especially your view that there is a lack of a binding contract and see if they will refund you the money or do a re-charge against the recipient by withdrawing the original payment from the seller.

I'm not sure if there is much chance but it has to be worth a try since as I understand it the seller by accepting the funds has now entered into a contract with the credit card company - maybe there are others on the board who can elaborate further. Also the credit card company will have access to an array of legal advice and maybe even precedents fropm which they can give you a steer.

All i am saying is it can't hurt to ask.

GoG

Triple_B_2

thanks so much GoG, its worth a go ...defo

DesG

Reading that email, I would get on to your CC company, and say you want to do a chargeback, as you have not had your refund as promised.

They may ask you for some further information, or require you to jump through some hoops, but reading that email, the deposit was fully refundable if you didn't want to proceed.

Cheers, Des.

Riog

Usually you must sign a holding/reservation document when handing over any deposit on
"off plan" purchases. These forms also usually lay out details of paying the other installments if you proceed and verify a cooling off period. If they cannot produce a copy with your signature i cannot see why the credit card company cannot get it refunded.
Hope it goes well for you.

Triple_B_2

Thank you so much for your help re above. This might be a silly question: if i do a charge back i wont get sued by the developer will i?

DesG

Triple_B wrote:

Thank you so much for your help re above. This might be a silly question: if i do a charge back i wont get sued by the developer will i?

You are asking us questions we cannot answer.

As asked before, did you sign a contract?

If no, then what exactly could he sue you for?

If yes, then you will have to read the contract to see what is possible.

Cheers, Des.