I AM THE LADY TRYING TO GET MY DEPOSIT BACK…I COULD OR SHOULD WRITE A BOOK ABOUT THE LUCK WE ARE NOT HAVING IN SPAIN.

THIS IS WHAT HAPPEND NEXT:
WE MET UP WITH AN AGENT AND MET AN OWNER FOR A HOUSE AND DECIDED WE WANTED IT.  THE HOUSE WAS AVAILABLE IMMEDIATELY SO WE AGREED TO MEET THE NEXT DAY TO SIGN A LEASE AND PAY DEPOSIT.  PAID AND SIGNED, HAPPY TO MOVE IN WE WENT TO THE SHOPS.  WHEN WE GOT BACK FROM THE SHOPS A MAN WAS WAITING OUTSIDE THE HOUSE CLAIMING TO BE FROM THE BANK.  HE SAID THE HOUSE BELONGED TO A MAN WE HAD NEVER HEARD OF AND WAS DUE TO BE REPOSSESSED.

WE CALLED THE AGENT AND THE SO CALLED OWNER AND ONLY GOT HOLD OF THE AGENT.  HE EVENTUALLY GOT HOLD OF THE SO CALLED OWNER WHO SAID HE WOULD BRING PROOF THAT THE HOUSE IS HIS NOW.  SO WHAT DO WE DO?  WE JUST PAID ?6300 EUROS FOR THIS HOUSE AND NOT SURE IF THIS IS A SCAM OR NOT…
BANK SAID IF THE 8 MONTHS ARREARS ARE NOT PAID BY MONDAY THE HOUSE WILL BE REPOSSESSED - SO WHERE DOES THAT LEAVE ME WITH MY FAMILY?
IF THE SO CALLED OWNER IS A SCAMMER (STILL CANT GET HOLD OF HIM) AND HAS RUN OFF WITH MY MONEY, I SWEAR IT LEAVES ME NO CHOICE BUT TO SQUAT AS WHERE WILL I GET MORE MONEY UNTIL MONTH END TO MOVE???

I HAVE BEEN SEARCHING INTERNET TOO TO FIND OUT IF THIS SCAM IS A WELL KNOWN ONE OR WHAT.  AND STILL NOT SURE WHO TO BELIEVE SO NOT 100% SURE IF I HAVE BEEN SCAMMED OR NOT.

EXSOUTHAFRICAN - 12 June 2010 02:41 AM

THIS IS WHAT HAPPEND NEXT:
WE MET UP WITH AN AGENT AND MET AN OWNER FOR A HOUSE AND DECIDED WE WANTED IT.  THE HOUSE WAS AVAILABLE IMMEDIATELY SO WE AGREED TO MEET THE NEXT DAY TO SIGN A LEASE AND PAY DEPOSIT.  PAID AND SIGNED, HAPPY TO MOVE IN WE WENT TO THE SHOPS.  WHEN WE GOT BACK FROM THE SHOPS A MAN WAS WAITING OUTSIDE THE HOUSE CLAIMING TO BE FROM THE BANK.  HE SAID THE HOUSE BELONGED TO A MAN WE HAD NEVER HEARD OF AND WAS DUE TO BE REPOSSESSED.

WE CALLED THE AGENT AND THE SO CALLED OWNER AND ONLY GOT HOLD OF THE AGENT.  HE EVENTUALLY GOT HOLD OF THE SO CALLED OWNER WHO SAID HE WOULD BRING PROOF THAT THE HOUSE IS HIS NOW.  SO WHAT DO WE DO?  WE JUST PAID ?6300 EUROS FOR THIS HOUSE AND NOT SURE IF THIS IS A SCAM OR NOT…
BANK SAID IF THE 8 MONTHS ARREARS ARE NOT PAID BY MONDAY THE HOUSE WILL BE REPOSSESSED - SO WHERE DOES THAT LEAVE ME WITH MY FAMILY?
IF THE SO CALLED OWNER IS A SCAMMER (STILL CANT GET HOLD OF HIM) AND HAS RUN OFF WITH MY MONEY, I SWEAR IT LEAVES ME NO CHOICE BUT TO SQUAT AS WHERE WILL I GET MORE MONEY UNTIL MONTH END TO MOVE???

I HAVE BEEN SEARCHING INTERNET TOO TO FIND OUT IF THIS SCAM IS A WELL KNOWN ONE OR WHAT.  AND STILL NOT SURE WHO TO BELIEVE SO NOT 100% SURE IF I HAVE BEEN SCAMMED OR NOT.

Ok first things first.
Prior to placing a deposit on the proeprty, you hsoudl be shown proof that the ‘vendor’ is the owner of the property. A valid nota simple would do. If the vendor has shown you this, he is still the owner.
In regards to the property being reposessed. This is not a fast process in spain. But if the vendor ows the bank money (mortgage+arrears) then this debt has to be cleared prior to the signing of the new title deeds.

Important points.
did you pay the money over directly to the vendor, or did it go to the agency? If the agency put in writing that they were taking the deposit and it does not specify that is was being given to the vendor, then the agency is liable.
If you are in Andalucia, by decree 218 (administrative law) the agency had/has to prove that hte person selling is the current owner and they should have supplied you with the relevant proof. If not they can be fined.

Get a lawyer on your side NOW.

best of luck
Andrew

Thanks Andrew…we spoke to the SO CALLED owner today and he is supposed to meet us and let us know what is going on.  Have not been shown any special papers but looking at this positively…perhaps I can cut a deal with the bank lol
Get a house on the cheap!