Selling Your Property Warning not a SMART move you can be charged if not sold

I recently had my property on the market with an agent, An offer was made and was a cash buyer after negotiation and spending hours allowing the client to bring family to see the property and 2 sets of builder coming to measure up for work they wanted doing I was then told they were not cash buyers, A purchase contract was signed and deposit was paid but the buyer. After 3 months the buyer wanted to barter with the price we said no, they buyer having been offered a mortgage then decided not to buy as he wanted a further reduction. Under the term s of the contract the deposit should have been passed to me but the agent has decided they will keep the deposit for the work they did and has sent me an invioce for 3000 euros for not selling my property and has said to speak to her solicitor. Be warned putting you house on the market could cost you money even if it is not sold not a very SMART idea.


I have heard of this happening before. Was there a clue to which agent you used, in your comment

Commented Alan in La Marina 2013-11-01 08:23:43 UTC

I also know someone who recently sold a property, they paid a 3000 deposit to hold it but decided not to buy, The agent took 1500 of that money for nothing. Seems a good way to make a lot of money.

Commented [email protected] in La Marina 2013-11-01 09:11:30 UTC

When I told them I would contact the newspapers to make people aware of this rip of I was told by them not to as they would come out fighting. What they have to fight with im not sure as it is a blatant breech of contract not a very SMART move to threaten me either

Commented elliottsk22 in La Marina 2013-11-01 09:27:57 UTC

Come on make us aware of the agent before anybody else get's ripped OFF

Commented peter.loveit in Quesada 2013-11-01 17:25:07 UTC

Ha ha - I think the answer is in the title of the thread.

Commented itsmemw in La Marina 2013-11-01 17:36:52 UTC

The SMART arses always leave you SMARTING, with there SMART tricks, but can end up not being a SMART move on there part, as people will try and out SMART them at there own game,You dont really need to be SMART to work it out

Commented 2nd Casa in La Marina 2013-11-01 17:39:19 UTC

A very SMART answer 2nd casa

Commented elliottsk22 in La Marina 2013-11-02 06:39:03 UTC

Could you not get the agent to meet you half way, I.E 1500 euros each as it seems the agent and you both have had there time wasted by a possable chancer. A comprimise may be the way forward as how was the agent to know that the said buyer was not all that they claimed to be (could have been a cash buyer but decided to have a morgate to give some protection as a bank will not lend on a unclear title).

Commented 2nd Casa in La Marina 2013-11-02 10:32:00 UTC

If the agent is the one the thread seems to be about,they seem to have a weird way of charging you 3% on a sale,but always state the buyer is their client.I have first hand experience,when a friend of mine sold property through these people.and the agent demanded 5000euro discount on the day of the sale because in the opinion of the agent,the pool wasn't clean although it was being sorted at the time and they were promised it would be perfect the following day (dirty rain).then when they got to the notary,the agent decided she wanted to hold 5000€ of the sale money in case the pool wasn't clean.With agents like this,who needs Robin Hood.Even after the cleaning and showing her the pumped worked,The agent insisted that the seller who paid the agent over 7000€,for the sale, would have to have the pool and surrounding areas fully checked for leaks etc.need less to say she was told where to go.

Commented Alan in La Marina 2013-11-02 11:20:51 UTC

2nd casa an agent is paid for selling a property for which they would have been paid 3600 euros if they had done. would they have given me back 1500 euros on completion I think not., my property was off the market for the summer and the agent has said if I had sold the property to another buyer whilst under contract I would had had to pay double the deposit. Contracts are signed to protect the buyer and seller and not for the agent to retain the deposit in a high handed way. I have asked if the deposit was paid into a bonded client account and have been told to contact there solicitor. This is now in the hands of my solicitor as I wont be brushed aside. This thread is to pre warn other people of what can happen if you are not SMART

Commented elliottsk22 in La Marina 2013-11-02 13:32:54 UTC

Yes,It sounds a great way to warn people about the smart practice of an agent,hopefully it will put a few people off from using them.But so much better,if a few people pulled there homes out of that particular agents business.Let them learn that grabbing a little,can cost a lot.
Also may be
advisable for those with property for sale with agents,to check with what they do with the 3000€ deposit that buyers have to pay to hold the price and the property they are interested in,, and perhaps get it in writing

Commented Alan in La Marina 2013-11-02 17:08:34 UTC

Maybe the SMART way forward is to start talking SMARTly to each other about splitting the 3000 euros then the agent feels SMART about the outcome, and you are not left SMARTing thus both sides feel they have learnt something, the agent to better suss out there customers in future and you feeling SMARTer for not wasting your time resuting in both feeling SMART and the only loser is the "chancer" being 3000 euros down with there deposit lost and SMARTing that way you all get the SMART "experince" in around about way now thats SMART, all made up kisses and hugs instead of hand bags at Dawn and all left SMARTing appy days and SMART nights to all.

Commented 2nd Casa in La Marina 2013-11-03 11:51:01 UTC

I don't understand what all this smart talk is for.

Commented Marv.75 in San Fulgencio 2013-11-05 19:48:20 UTC