Agents Commission? - Is this legal?

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poshtotti
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Agents Commission? - Is this legal?

Postby poshtotti » Mon Sep 26, 2005 1:24 pm

We have recently rented a villa for 11 months.

The owner of the property had to pay the agent one months rent as commission, we also had to pay a months rent as commission. Thinking no more about it when I spoke to the owner she was furious saying that the agent can only charge the owner, not the renter........Having never rented before we thought this might be "the norm"

Does anyone know what the correct procedure is?
Have we been ripped off by the agent?

The owner of the property & I are going to see the agent tomorrow as the owner says she wants to get our money back from them! - Have we got a leg to stand on?

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pathfinder spain
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Postby pathfinder spain » Mon Sep 26, 2005 1:28 pm

did you or the renter sign anything with the agent??
danny

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silver
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Postby silver » Mon Sep 26, 2005 1:45 pm

The owner of the property had to pay the agent one months rent as commission
This is "the norm" but some agents try anything and seem to get away with it. I dont know if there is a law that says they cant do this though.
No muerdes la mano que te da de comer.

sherlock holmes
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Postby sherlock holmes » Mon Sep 26, 2005 6:49 pm

I think you will find that they will try and get away with ripping both of you off.

I've just had exactly the same problem, I am trying to get a months payment back - which I thought was the "deposit" apparently it was a "commission"

But its all to late to protest after the event I am afraid, consider yourself lucky we found out that the had stopped 400E for "cleaning" but then it was the work famous rip off merchants in Puerto Banus - so we should have expected them to con us :twisted:

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costakid
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Postby costakid » Mon Sep 26, 2005 7:32 pm

They get away with it because its classed as a finders fee. It is the norm.

poshtotti
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Postby poshtotti » Mon Sep 26, 2005 7:34 pm

:( Looks like we've been had!

I thought the agency (in San Pedro) was Spanish like all the staff, but I've found out it is actually owned by a German chap (not what I would call him off this site). What really has made me angry is the fact that there was no mention of commission on the company website, on the 1st or the 2nd viewing, only upon signing the contract!! We mentioned this to the agent that no one had told us & their reply was this is a normal charge in Spain.

The contract mentions nothing about agents commissions, only the deposit (2months rent) & first months rent. The agent has emailed me a factura as proof of commission paid. Detailed "Comision Prestacion Servicios Villa *****" We signed nothing apart from the contract.

I'll let you know the outcome tomorrow, thank you all for your input so far.

sherlock holmes
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Postby sherlock holmes » Mon Sep 26, 2005 7:46 pm

he contract mentions nothing about agents commissions, only the deposit (2months rent) & first months rent. The agent has emailed me a factura as proof of commission paid. Detailed "Comision Prestacion Servicios Villa *****" We signed nothing apart from the contract.

Sounds like you agreed to it:cry: - admittedly defacto - of course he is hoping that you won't take it any further, don't know how much it would take you to go to court or denounce him - probably as much as the "commisions" but it would take years before it was resolved!!

I would be interested to see how the public protest goes :lol: good luck

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Postby Lorraine - Mijas » Mon Sep 26, 2005 7:59 pm

September must be the lets rip everyone off month!!!!!!!!! I've just found out today that 250€ has been taken from my bank for a bill I paid my accountant to sort out, and to add insult to injury I've also been fined 250€ for non payment. Any one want to take bets whether I'll be getting it back????????
A very p***ed off Lorraine

poshtotti
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Postby poshtotti » Mon Sep 26, 2005 9:00 pm

That's bad news Lorraine, I've also been clobbered today €157!

The water in the apartment that we've owned for 3 years has been cut off, apparently due to lack of payment!! - Our lawyer arranged for the water to come out of the bank on direct debit 2 years ago. The water bill owed was a mere €17 & €140 to reconnect it!!! - Apparently the water company has changed ownership?? - Our details were not in the system
:(

Ever get that "Monday feeling"?!?!! Thank god it's Tuesday tomorrow.

samizdat
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Postby samizdat » Mon Sep 26, 2005 9:10 pm

September must be the lets rip everyone off month!!!
well I certainly having a bad time, my tenant who rents my own flat has caught Legionaries disease - so public health have condemned the heating in the building! I hearing big bucks in legal fees :cry:

and my house that I rent out here (because we cant sell it) has been trashed by the tenant who has done a runner - also from Essex (same as the fire starter) and No the agent is of absolutely NO assistance!!

The good news is that apparently the solar eclipse is on my birthday 8)

poshtotti - good luck with protest tommorrow!!Q


lorraine - joining you in the pxssed off club :cry:

Lorraine - Mijas
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Postby Lorraine - Mijas » Mon Sep 26, 2005 9:17 pm

Hi Poshtotti,
Sorry to hear that, we had the same thing 3 years ago (another c*** up, same Spanish accountant, should have learn't my lesson then)!! had water cut off, no warning, went straight down to water company, who said they wanted 5000€ :shock: :shock: :shock: , gave the lady behind the counter a look of horror, she said she'd speak to her boss, came back a min. later and said they'd discount it to 1200€ at which point she asked my husband, who by now had gone grey, if "he would like a glass of water, as they had plenty"!!!! (Who say's the Spanish don't have a sense of humour)!! we continued to protest so she disappeared again and came back with a new offer of 105€, couldn't pay it fast enough!!!!
Hopefully that Tuesday feeling will get rid of this Monday feeling mugged feeling!!!!!
Lorraine

poshtotti
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Postby poshtotti » Tue Sep 27, 2005 3:31 pm

Sound "normal" to you??

After visiting the agents office with the property owner, who for a 4ft Spanish lady was very scary!! We were told this is how they make their money, everyone does it in their industry & it's perfectly normal to take double commission from both parties & we'd signed to say we agreed to it - Ha! - We didn't!! - Gotcha? - No! You paid it is what I've been told, tough!

The owner lost her temper & asked for the telephone number for the owner of the agency, she was refused this & that the manager would call her. The property owner is threatening to denounce the company unless they refund me. Her personal opinion is that the staff are keeping the commission payment between themselves - Next series coming soon, stay tuned...............

samizdat
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Postby samizdat » Tue Sep 27, 2005 4:46 pm

The property owner is threatening to denounce the company unless they refund me. Her personal opinion is that the staff are keeping the commission payment between themselves - Next series coming soon, stay tuned..
..........


oh well business as usual in Marbella then :cry:

Good luck!


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