Originally Posted by Big Pete

Just got back from buying my Spanish (Mallorca) Villa and boy oh boy what a day that was !!

Having arranged the purchase price and finally getting my NIE number all systems were GO ,, Notary arranged and as advised a translator was required and so one was hired for the sum of 200 euros..

The agent meets me at the Bank where the Bankers draaft is collected along with the Cash (Black money which is the normal out there !!) Anyways the agent is all smiles happy cheerful treats me to coffee whereby we meet up with the Translator a nice pretty lady , who proceeds to tell me all about her life in Switzerland , Austria , sweden Spain and eventually Mallorca . We meet the seller a German chap nice guy . we finish our coffees and then drive of in convoy to the Notary appointment .

At the Notary out comes the agreement and my Translator goes through it pointing out various points along the way , in one section it covers something about Capital gains tax which she seemed to have trouble understanding and at this stage goes into german speaking and speaks with the agent for a few minutes and then says , its not really relevant but just needs to be in there to demonstrate Capital gains tax will be paid to the Government , Now knowing that this is impossible to be of concern to me as i am buying so not made any gains we move onto the next bit , all standard stuff and so we wait for the Notary to be ready for us ..

In the Notarys Office room the Notary asks for the Cheques and deeds etc and then proceeds to go through the agreement .
Fortunately he spoke very good English and so was able to read and confirm points in Spanish and English and all was well until he says " So it is agreed you will be paying the Capital Gains tax for the seller then ? " I think for a second and say excuse me can you repeat that last bit again !! he says " You have agreed to pay all Herr ****** Tax liabilities ? " Well as you can imagine my blood did some what start pumping at this point . And i said NO he then advised well thats what this Contract is saying !! I turned to the agent and said "What the F*** you think your doing " He replied thats normal and thats what was agreed , whilst going brilliant red in the face and looking like a man who had been rumbled . I said to the Translator why didnt you spot that she said she did but Mr Schrober said it was all agreed so skip through it ..
Well i told the Notary to pass the Moneys back sale is NOT proceeding , the Mrs says to me so whats the problem ? I explain that the little meak and mild german guy selling the Villa probably paid 25,000 euros for it 18 years ago and Capital gains tax due on it is to be paid by me .. She gets that look in her eye and i am thinking ohh here we go ! She goes mad picks up a folder and slings it at the Agent muttering about ripping his head off !! Says stuff your Villa you Lying S*** and storms out the room !

The Notary remains very calm considering and the female translator goes out to see that the mrs is ok and the agent decides to make a discreet exit leaving just me and the owner and the Notary . I tell him Nice try but it didnt work and so now you can stuff your villa , He says we can change the agreement to ensure that he is liable , i tell him to be honest i am so annoyed that you pulled this stunt that i dont want your Villa anymore .He says he didnt do the agreement the agent said if i can save you money can i have a share , he obviously said yes but now regrets it !!. The Notary says i will give you 5 minutes to decide what to do , and leaves the room .

I pop down stairs to see the Mrs and see what she wants to do she is still furious and ranting about seperating the agents nostrils with a sledge hammer etc,etc.. The agents cleared off leaving just us to sort the mess out , the owner comes out gives the wife a hug and says sorry etc , we discuss it and have the paperwork altered and then we proceed .

So be warned this is such a easy scam for a seller and agent to pull off and i am sure if it hadnt been for the Notary speaking such good English then i am sure i would of now been looking to pay the sellers Tax liability in some 30 days time !!! As its such a small paragraph in Spanish amongst loads ..

The agents Schober and partners in Mallorca . were the agents but i bet its common ,so be careful ..