# Reservation Fee Paid



## TeeMyob (Jan 6, 2013)

What could go wrong?

Anyone had any pull-outs post reservation?

TM


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## snikpoh (Nov 19, 2007)

TeeMyob said:


> What could go wrong?
> 
> Anyone had any pull-outs post reservation?
> 
> TM


Come on, you're going to have to give us more to go on than that!!!


Reservation for what - ?


If, as I suspect, you're talking about house buying/selling, then we need more info on what you paid or had paid and to whom.


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## TeeMyob (Jan 6, 2013)

My apologies:flushed:

A reservation fee to an estate agent for a property


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## gus-lopez (Jan 4, 2010)

It should be held either by one of the sets of solicitors or paid direct to the seller ( he'll be keeping it if you pulled out anyway). 
There is a problem next door here in Almeria where an agent has cleared off with 00's of 000's of euros in deposits ; deposits for 'rent to buy ' Rental deposits ,etc. I see the thread/link to the local forum on that has been deleted ?


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## Isobella (Oct 16, 2014)

IT is almost unknown for anyone to get a deposit back. I would never give one to an Agent. One agreement we signed to sell our house said the Agent would hold a deposit of 4000 and if the buyer dropped out we would get 2000 and the Agent 2000. If there are legal problems you should get it back but I wouldn't hold my breath.


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## Madliz (Feb 4, 2011)

I would never pay a deposit to an agent. The contract should be between the buyer and seller. It is the seller who is liable for the agent's commission, why should the buyer pay the agent anything?

I am selling and almost sold my house a year ago. The agent negotiated a contract between myself and the buyer. A deposit was paid. The buyer pulled out citing stock market losses, in the full knowledge that he would forfeit his deposit to me. The agent received nothing as no sale had taken place. We are still on friendly terms, and why not, as these are the rules. Being English, I at least made them a cake to thank them for their efforts.


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## Pazcat (Mar 24, 2010)

Verbal agreements are legal in Spain so once an offer has been accepted that should really be all that is required.
Doesn't mean that is the way things happen here but still.
Of course if the need comes to challenge such a contract I would imagine it would be costly and probably not worth the hassle.

We didn't sign a reservation contract and only paid our deposit once the sellers had signed our compraventa.
Which the sellers(more rightly their phoney legal services rep did) broke the terms of and we would of been entitled to claim for double our money back or take that off the price of the house.
We showed leniency as at that point we were fed up and just wanted the bloody house.


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## hwmartin (Jun 22, 2015)

We agreed to buy a villa last May. The agent asked for a 3000€ deposit and to sign their 'Deposit Receipt'. We read this 'receipt' which basically was a contract that tied us into paying 3000€ up front, 10% within 21 days and the balance within 8 weeks. It also said if for ANY reason we pulled out they would get to keep all monies paid!
We refused to sign but said we would pay the deposit if they gave us written confirmation that if it turned out there was a problem with the property we would get our deposit back. Despite put us under intense pressure (bullying?) to sign the agents eventually agreed.
It turned out the property was illegal so we pulled out. An email from our Spanish lawyer to the agent and our deposit was returned within 24 hours.
We have now found another property and again we were asked for a 3000€ deposit. This time we gave the deposit to our lawyer and let her sort it out with the vendor's lawyer.
Buyer beware!!!
Make sure you have a good lawyer


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## xabiaxica (Jun 23, 2009)

gus-lopez said:


> It should be held either by one of the sets of solicitors or paid direct to the seller ( he'll be keeping it if you pulled out anyway).
> There is a problem next door here in Almeria where an agent has cleared off with 00's of 000's of euros in deposits ; deposits for 'rent to buy ' Rental deposits ,etc. I see the thread/link to the local forum on that has been deleted ?


I've been following that on FB. The link had to be deleted from here because we don't allow 'name & shame' for legal reasons.


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## Megsmum (Sep 9, 2012)

We paid the usual deposit which mean if we pulled out they got the money if they pulled out we got double the deposit Held by Solicitor.

I would not pay an agent anything, nada, nunca............. When we bought this house the fees were paid by the seller


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## Robors2 (Jun 12, 2015)

Madliz said:


> I would never pay a deposit to an agent..


I have paid more then 10% as a deposit to an Estate agent and got it back in full two weeks later.
He have hit some delays from the seller's side but we still want to go ahead with the purchase.
So not all the agents are bad.


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## gus-lopez (Jan 4, 2010)

Madliz said:


> I would never pay a deposit to an agent. The contract should be between the buyer and seller. It is the seller who is liable for the agent's commission, why should the buyer pay the agent anything?
> 
> I am selling and almost sold my house a year ago. The agent negotiated a contract between myself and the buyer. A deposit was paid. The buyer pulled out citing stock market losses, in the full knowledge that he would forfeit his deposit to me. The agent received nothing as no sale had taken place. We are still on friendly terms, and why not, as these are the rules. Being English, I at least made them a cake to thank them for their efforts.


& I know a couple here recently, where the deposit was paid to the agent, 10days before completion at notaries the Belgium couple pulled out knowing full well they'd lose the deposit & the 'agent' ( a supposedly well respected one of 4 down on the coast) has kept the lot for commission for " introducing " the non buyer. & they've swallowed it. I just cannot understand some people?? :confused2:


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## Madliz (Feb 4, 2011)

My agent-introduced 'buyer' made his cheque out to me, in the estate agent's office. The contract was drawn up between buyer and seller, by the agent, with a separate agreement between agent and myself for their commission. There was never any question of the deposit going to the agent, but I would never have agreed if it had been suggested. This was a Spanish agent in Madrid. Maybe other nationalities or areas try it on?


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## TeeMyob (Jan 6, 2013)

Hi,

Thank you for all your replies.

Maybe I should have asked the question prior to paying the Agent.

But, I did ask our lawyers if it was okay to sign and pay the deposit and I was told "yes".

Time will tell.


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## Megsmum (Sep 9, 2012)

TeeMyob said:


> Hi,
> 
> Thank you for all your replies.
> 
> ...


Whilst I would not have paid and agent a fee, you will find generally the bad things come to light more than the good if you understand me. So do not worry until it happens, and we all make errors in life, it learning from them that count. Best wishes


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## Pazcat (Mar 24, 2010)

I agree with cambio.
Sorry to be a bit negative before but all in all if things go smoothly then there shouldn't be much to worry about and if your lawyer is on the case too then for now sit back and enjoy the fact that you are starting a new chapter here in Spain.

Wishing you good luck and a smooth transaction.


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