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Thread: What can I do if the agent is refusing to return my deposit?

  1. #1
    Jake
    Guest

    Default What can I do if the agent is refusing to return my deposit?

    I paid a deposit in October 2008 for a property in Duquesa, marketed by Property4Abroad (the agent) and the vendor listed as Prienesur. After 1 year of promises that the contract was ready for signing, they tried to increase the price. I refused and asked for my money back. The agent Property4Abroad then said they would do the deal at the same price, but again no contract has been sent to me. I have now asked for my depsoit back again, and am being told that under Spanish Property law the original contract is ongoing with no end date as none was originally agreed in the deposit form (despite the deposit form saying that a contract outlining the terms and conditions needed to be supplied in 21 days by the vendor, which didnt happen) To be really helpful the Agent has now said that I need to instruct a lawyer if I want the deposit back. Apart from the unethical approach, my view is that any reasonable court would say that a 14 month period without even receiving a contract to sign or agree a date would invalidate any deposit terms and conditions. I woudl welcome your views

  2. #2
    Senior Member
    Join Date
    Oct 2008
    Posts
    138

    Default

    Dear Jake

    I have to admit that the situation would be funny if it was not for the fact that you have paid money! The agents donít seem to be acting on your behalf at all and the fact that the price was increased after you paid a deposit is totally unacceptable.

    Analyzing the matter a bit more closely it is crucial to determine where the funds have gone since several scenarios are possible:

    1. That the agent did not transfer the deposit to the developer because of financial problems of the former.
    2. That the agent did not transfer the deposit to the developer because the developer sold the unit to someone else, or pushed the price up (unlikely with Prienesur as they are trying to get rid of numerous units at their developments in Duquesa/Manilva and Benalmadena).
    3. That the agent did transfer the deposit to the developer and the latter says now that you have lost your option due to passing of time.


    For you information, I have dealt with Property4Abroad in the past on a couple of occasions and I do believe they are still trading, which is obviously important if they still have the deposit (option 1).

    If option 2 or 3 are applicable we then need to know who signed any documents on your behalf as you presumable a) never gave power of attorney to the agent and b) you never signed or ratified any contract.

    If you fill us out with a bit more information I will be able to propose a legal way forward, which you are then free to take up.

    Regards
    Antonio Flores
    Abogado/Lawyer
    Lawbird Legal Services
    Read my Blog

  3. #3
    Unregistered
    Guest

    Default Property4abroad

    Hi,

    I have a similar problem with Property4abroad. Steve Lee has stolen my deposit in November 2009 and refuses to pay it back. Is there anything I can about it!

    Thanks,
    Petri Rinne

  4. #4
    gillybabes_98
    Guest

    Default Property4abroad

    I was scammed well and truly by Anne Williams and Steve Lee, we were sending cash constantly over to spain to the and signed contracts for property they then blamed Jose Maseida saying he stole all the cash!! we are loads out of pocket and no property at the end of it Anne Williams was on homes fro hell in the uk in 2010 it maybe time they featured her and Steve Lee again with us all facing them on camera!

  5. #5
    Junior Member
    Join Date
    Dec 2011
    Location
    Weston Super Mare
    Posts
    17

    Default

    Hi my name is norma and I was well and truly ripped off by both Steve and Anne worse still they made me their friend fixing flights for me and taking me out to meals, showing me my property, I cannot believe I was taken in by them £16,000 I think they should be featured in a programme agents from hell

  6. #6
    Senior Member
    Join Date
    Oct 2008
    Posts
    138

    Default

    Quote Originally Posted by norma barnes View Post
    Hi my name is norma and I was well and truly ripped off by both Steve and Anne worse still they made me their friend fixing flights for me and taking me out to meals, showing me my property, I cannot believe I was taken in by them £16,000 I think they should be featured in a programme agents from hell
    Hello Norma, I'm sorry to hear about this, Steve and Anne are unfortunately causing problems to people, I hope the come forward to settle this matter with you before they get reported to the police.
    Antonio Flores
    Abogado/Lawyer
    Lawbird Legal Services
    Read my Blog

  7. #7
    Unregistered
    Guest

    Default Cacares golf and Country Club

    I was also scammed by Steve and Anne, when I paid a deposit for a apartment in Manilva in 2009. Does anybody know if they are in Spain or England and if they still are in "business"?

  8. #8
    Senior Member
    Join Date
    Oct 2008
    Posts
    138

    Default

    Quote Originally Posted by Unregistered View Post
    I was also scammed by Steve and Anne, when I paid a deposit for a apartment in Manilva in 2009. Does anybody know if they are in Spain or England and if they still are in "business"?
    Steve, Anne, please come forward soon as this is starting to reach "scandal" levels and it will not be long before sometime files a criminal complaint.
    Antonio Flores
    Abogado/Lawyer
    Lawbird Legal Services
    Read my Blog

  9. #9
    Junior Member
    Join Date
    Dec 2011
    Location
    Weston Super Mare
    Posts
    17

    Default

    Hi Antonio,

    How would I go about filing a criminal report, would I do it over here in England or in Spain? Thank you

  10. #10
    Junior Member
    Join Date
    Dec 2011
    Location
    Weston Super Mare
    Posts
    17

    Default

    Hi my name is norma, as far as I am aware Steve and Anne are still in Spain, Steve does have a sister in England they come from London area. Steve had a property for me in Cacares, and then we switched to Duquessa Suits, he also conned me to pay a deposit for one in Tenerife, I also paid solicitor fees, and that also cooled off. He had various mortgage agents "getting" me a mortgage we changed solicitors 3 times!!

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