Fuerteventura Forum

General Chit Chat & Queries - no commercial links => Houseowner Forum - Rental tips and experience => Topic started by: DeniseKen on February 10, 2014, 18:59:21 PM

Title: re-claiming deposit after backing out of purchase
Post by: DeniseKen on February 10, 2014, 18:59:21 PM
Hi,
anybody out there had any success in re-claiming their deposit before final completion signing and did you resort to lawyers? if so can you recommend english speaking lawyer?
we were buying a new villa (bank re-possession) on outskirts of Llanos de la concepcion and at first viewing asked if there were any restrictions, specifically to build a swimming pool and to add sliding patio doors and roof to a pergola to make it into a conservatory. Agent emailed back "no restrictions, you can build a swimming pool and add doors and roof". Found out two days before final signing that the villa was in a legal situation called 'fuera de ordenacion' which means you can do absolutely nothing to the property or the land. Decided to pull out but bank so far refusing to return the deposit (10600 euro). expensive lesson - dont believe a word the estate agent says - they just want to make a sale.
Title: Re: re-claiming deposit after backing out of purchase
Post by: emmi on February 11, 2014, 23:23:27 PM
I've not had your experience fortunately, but can recommend a lawyer. He is in Puerto del Rosario, speaks English ( rather fast) but is excellent for property issues.  His first consultation is usually free,(at least it was three years ago when I used him) so at least he would be able to tell you if it is worth pursuing.

http://www.fuerteventuralawyer.com/ (http://www.fuerteventuralawyer.com/)

Good luck!
Title: Re: re-claiming deposit after backing out of purchase
Post by: DeniseKen on February 12, 2014, 14:42:14 PM
thanks for this, Emmi. still pondering if we should write it off or risk further costs without guarantees of success. I will contact this lawyer and see what he has to say.
Title: Re: re-claiming deposit after backing out of purchase
Post by: emmi on February 13, 2014, 15:17:22 PM
Again, good luck, do let us know how you get on if you proceed with a legal route.  It does not seem right that the bank do not want to return your deposit in spite of the wrong information you were provided with before putting the deposit down.  If you do see Napoleon, he will likely give you a ball park figure of his costs.  He did that with us and he did not charge a Euro more!