# Have we been scammed?



## rich11 (Oct 7, 2015)

We have been looking for a property in Spain for a while now. While we were there in February we viewed a property that was on sale sale with Caixia bank through Servi Habitat

We made an offer of the asking price and paid a deposit 1500 euro's deposit. 2 weeks later they have come back to us and said somebody had offered on it before us

We have been phoning everyday and the agent said no one had even looked at the property before us

Anyway I am rambling they have told us it will take 3 weeks for our money to be refunded

Does this sound correct or have we fallen foul of some scam?


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## Alcalaina (Aug 6, 2010)

rich11 said:


> We have been looking for a property in Spain for a while now. While we were there in February we viewed a property that was on sale sale with Caixia bank through Servi Habitat
> 
> We made an offer of the asking price and paid a deposit 1500 euro's deposit. 2 weeks later they have come back to us and said somebody had offered on it before us
> 
> ...


Doesn't sound good at all. Apart from anything else, if you paid a deposit and the other party doesn't honour the contract, they are supposed to pay you double what you put down. I'd get a lawyer onto it.


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## Horlics (Sep 27, 2011)

When you paid the deposit you should have been given some papers explaining what you had committed to, and you would have had to sign a copy which the agent would have kept. The document details what happens in the event that either party pulls out.


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## tonymar (Jan 29, 2015)

Yes you should get double your money back !!

if its not a scam ,

Hope it ends well for you 

Cheers Tony


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## Pazcat (Mar 24, 2010)

Still speak to a solicitor though, just because a contract was signed stating otherwise it may still contradict the law.


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## Calas felices (Nov 29, 2007)

I sincerely hope you haven't. Servi Habitat despite having a flashy website seem to be situated in Barcelona but if you search on the head offfice page (Provençals, 39 · 08019 Barcelona) it seems to come up as empty offices. Get a lawyer quickly.


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## Leper (May 12, 2010)

Employ a Gestor fast. You could be entitled to twice the amount of your deposit to be refunded to you.


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## BMC77 (Aug 15, 2009)

Calas felices said:


> I sincerely hope you haven't. Servi Habitat despite having a flashy website seem to be situated in Barcelona but if you search on the head offfice page (Provençals, 39 · 08019 Barcelona) it seems to come up as empty offices. Get a lawyer quickly.


They definitely aren't empty offices. I teach English there to some of their staff four times a week, and have done since October. Got a class there tomorrow at 7:30am.


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## xicoalc (Apr 20, 2010)

Servi Habitat are a massive organisation. I dont think there is anything dodgy going on but clearly some sort of admin error to which you may be entitled to compensation. With repos, normally when you make an offer and it is accepted you pay a holding fee to take it off the market. It is normal in spain for multiple agents to be handling a property and so I am guessing that the office accepted your deposit without knowing something was already going on in the house... I would, as others say, get a gestor or abogado to look at your paperwork and see what you have signed.. and who knows, maybe you double your money!


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## rich11 (Oct 7, 2015)

Still not got my money back. Frustrating to say the least


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## Pesky Wesky (May 10, 2009)

rich11 said:


> Still not got my money back. Frustrating to say the least


Where are you, UK or Spain?
What communication have you had from the parties involved?


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## rich11 (Oct 7, 2015)

I am in England at the moment but will be flying out next week. The agent is blaming the bank and the bank is blaming the agent

We paid the deposit to the agent but I think they think we will just walk away. Well I wont


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## Pesky Wesky (May 10, 2009)

rich11 said:


> I am in England at the moment but will be flying out next week. The agent is blaming the bank and the bank is blaming the agent
> 
> We paid the deposit to the agent but I think they think we will just walk away. Well I wont


How do you communicate with them, by email? Do they reply? Do you have anything written from either of them that explains what they think?


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## rich11 (Oct 7, 2015)

Yeah we have contracts etc. We were speaking on the phone but they dont answer when we call anymore so its just emails now

The agent we dealt with is saying refunds are a different dept to her but she has "been pushing them"

When we viewed the property we had no idea it was a reposession. We had to pay the deposit to place a bid on it. We offered the asking price but a Spanish person offered it too just before we did

This was back in February


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## Pesky Wesky (May 10, 2009)

rich11 said:


> Yeah we have contracts etc. We were speaking on the phone but they dont answer when we call anymore so its just emails now
> 
> The agent we dealt with is saying refunds are a different dept to her but she has "been pushing them"
> 
> ...


OK here are some ideas
You could send a burofax to each party containing copies of the correspondence from both of them. Point out that you are in the middle of the situation and are 1.500€ out of pocket and would like them to come up with a solution. A burofax is a legal document (fehaciente) It's a kind of certified letter that has to be delivered in one day, in person and signed for.
This can be online if you wish
https://online.correos.es/Burofax/Inicial.aspx

You could get as far up the chain in Servi Habitat as you can and talk with them.

You can go to your local OMIC Oficina Municipal de Información para el Consumidor/ or Oficina del Conumidor or similar which are a similar organization as the CAB in the UK.
You don't say where you are, but this might help you to find one
OMIC: OFICINA DEL CONSUMIDOR

You could also consider getting the police involved...

None of this is going to be easy or quick, but I wish you luck!
Keep in touch and tell us if there are any developments


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