View Full Version : Dacion en pago: Am I being ripped off??

12-06-2011, 03:37 PM
Hello, if anyone can help me, I would greatly appreciate it. This is a bit long, but I will try to explain in as simple terms as possible.
After 4 years of trying to sell my property in Spain with no luck, I resorted to applying for a “Dacion en pago”. The bank has finally accepted and we sign this coming Friday.
For the past 4 years I have had an estate agent trying to sell my property with no luck. I told her I was applying for the “dacion en pago“ and to try to sell it before it gets accepted it possible.
Beginning of November, I had a phone call from the bank saying that there was a couple who wanted to view my property and my estate agent was showing them around on the 15th of November. When the 15th arrived, my estate agent informed me that the buyers could not make it until the 5th of December.
I was a bit annoyed as I knew we were going to be signing for the dacion on Friday the 2nd of December.
Anyway, we never did sign on the 2nd of December as planned as there was a piece of paperwork missing.
So yesterday the 5th of December two of my friends were in the house removing the last pieces of furniture and suddenly a couple turn up (obviously the ones that were going to view the house) saying: Don’t take all the stuff out, we are going to buy this property, they were really annoyed saying, when we saw this property all the furniture was here, you can’t take it away as we are going to buy it. So anyway my sister (who is dealing with my house as I am in the uk) went round to my house to meet my friends and they explained to her what had just happened.
So she phoned the estate agent to ask why there had been a couple turn up letting themselves into my property on their own. The estate agent said, it’s not yours it’s the banks now, so my sister said, we never signed on Friday so the house is still ours!
The estate agent was saying, why didn’t you phone me to tell me you hadn’t signed? So my sister said, why should I, it has nothing to do with you.
So anyway, my sister asked the estate agent for how much they were buying it for and she said 495.000euros. I only owe the bank 460.000 euros. So it is selling for a profit of around 35.000euros.
So my question to you is, do you think my estate agent has dragged on this viewing so she gets the full commission herself? If it does sell to these people, as they viewed it when the property was still mine (still is until Friday) if it does sell for a profit, should that money be my profit?
I wouldn’t care if the bank sold it the day after the signing of the dacion, for 1 million pounds, What is annoying me is that my ex-estate agent has found a buyer when the house is still mine, was caught out showing them around because she thought the house was now the banks, (she has obviously waited to show them around after the house was signed over to the bank, but never realized the signing was delayed) and it feels like she left it to do the viewing after the dacion so she doesn’t have to give me my profit from the sale of the house. I mean the bank might be in on it aswell. What do you think? As I say, if I signed the dacion tomorrow and the bank sold it for a profit, I don’t care. What I do care about is that I feel like my estate agent knew these people were keen and has dragged it on (the people told my friends that they have had their eye on my house for a few months now) I phoned the agent today, and very coincidently she has told me that the people leave for France on Friday and will give an answer after this date. Do you think what the estate agent is doing is legal? Any advice would be greatly appreciated.

12-07-2011, 04:54 PM
Thank you for your email.

From the information you tell me, there is a hidden agenda in the agents modus operandi. Clearly, she had thought you were handing the property over to the bank and sold it to the buyer on that assumption and pocketing, such is my understanding, the 35k Euros.

This is unethical and irregular, and shows little as far as business honesty is concerned. Also, the fact that she sold it with furniture without even asking you (as any movable items are yours, whatever the fate of the property is), can only indicate her lack of morals.

You are in the same situation as you were initially, and now need to decide on your options.

Should you have any query, do not hesitate to contact me.