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Estate Agent provided wrong info

PostPosted: Wed Nov 01, 2017 6:03 pm
by Lana
Hi,
We are in the process of transferring all bills to our names. When we were buying the property and agreed on the price, real estate agent provided us the community fee. But right now, we found that it was wrong amount and actual amount is double of what we were told. Does the agent have any liability when providing the information related to community charge and SUMA? or anyone else?
Thank you
Lana

Re: Estate Agent provided wrong info

PostPosted: Wed Nov 01, 2017 6:46 pm
by Quesadasteve
Proberly not .....surprised your solicitor didn't go through all the costs with you before you signed the contract
Worth complaining to agent but proberly down to your solicitors to highlight the costs to you

Re: Estate Agent provided wrong info

PostPosted: Wed Nov 01, 2017 6:50 pm
by Lana
Thank you

Re: Estate Agent provided wrong info

PostPosted: Thu Nov 02, 2017 1:22 pm
by DTR
I'd disagree with the solicitor part. It's their job to determine the fees are paid up to date. They oversea the legalities and not the running costs.
Community fees change from year to year anyway. In my opinion it's the vendors job to provide the agent with the correct information, then the agents job to inform the buyer with that information. Ultimately this is something the buyer has a responsibility to confirm with the agent, after the purchase cost has been established, the next thing is to ask for proof of the water, electric, suma, community and house insurance costs. So you know how much it will cost to run. Would you buy a car if you didn't know the MPG and cost of insurance? I've also learnt the hard way ....

Re: Estate Agent provided wrong info

PostPosted: Thu Nov 02, 2017 1:53 pm
by Lana
We asked for the all fees and the agent provided the information. The only community fee is different from what we were told . In this case looks like vendors were not providing correct information and agent did not bother to check. I just want to know if someone has liability for providing correct information about the house by Spanish law. In Canada it is agent’s liability. But every country has own rules...

Re: Estate Agent provided wrong info

PostPosted: Thu Nov 02, 2017 4:28 pm
by Babu
I expect it is similar to UK in that Estate Agents provide information to the "best of their knowledge", I don't believe they have the legal right to obtain financial details directly from the Community Administrator, which is the only certain way of knowing what it is, they have to rely on what the Vendor tells them. Additionally the Vendor can only reasonably indicate what the amount was last time they paid as the Suma in particular is only set by the Council a Month or two before it comes due - perhaps the Vendor looked up their last payment which may have been a half yearly one? If you ask a direct question of your Solicitor (how much is this?) they have to give an accurate researched answer or none at all as they would be liable for inaccurate information, its why you use a Solicitor at the end of the day.

Re: Estate Agent provided wrong info

PostPosted: Thu Nov 02, 2017 4:42 pm
by Lana
Thank you for all comments!