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.

Wig

Go to a good solicitor (today or tomorrow), for an initial interview(free), and then be prepared to pay up to about 200 pounds for them to take on the case for you.

I suspect you have a verbal contract with them. but I can't advise.

rizla01

Surely you have a receipt outlining the conditions that apply to the deposit?

If not then i think that you will have no alternative but to sue.

The contract will show whether or not you are covered by 'English Law' or 'Spanish Law'. If Spanish then you need a Spanish lawyer or an English one conversant with Spanish Law.

If this is a new-build and you bought off plan then it may be that the apartment will sell immediately for more than you agreed to pay for it. check with other EAs in the area to find out their feelings.

Riz

Wig

Transaction done in UK, UK law.
Transaction done in Spain, Spanish law (and probably kiss the money goodbye)

rizla01

Wig wrote:

Transaction done in UK, UK law.
Transaction done in Spain, Spanish law (and probably kiss the money goodbye)

Nope, sorry to disagree but some contracts stipulate the law that they are governed by.

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. But 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 :

"...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".

What do you think??

Wig

This was all done on the internet? via a website? which displayed terms and conditions?

Then no signture is neccessary and you are bound to the terms and conditions. In my opinion. And the website will say where the company is based and which laws they are using.

Sounds like a big mistake to me.

But you could still ask for proper legal advice instead of us amateurs.

It also sounds like they wouldn't have given you a refund unless you had first gone to the site.

Triple_B_2

No not website. Went to oversees property show, talked there, discussed off plan property, decided on inspection visit, decided to reserve property with deposit using Credit card, received a receipt but no conditions apart from the above.

rizla01

Just a thought but you could approach the organisers of the Property show.

world of Property (If thats who it is) frown upon customer non-satisfaction and may be able to advise.