Accommodation in Spain: scams you should look out for

It's a government scam rather than an agents scam but we put down a 20,000 euro deposit on the house we were going to buy and we paid tax on that. When we came to pay the balance of the house purchase, we had to pay tax on the whole amount and the government would not recognise that we had already paid tax on the 20,000 euros. It was explained to us that there is no tax category for deposit, only purchase of gift. The people who were selling the house had to pat 40% tax on that deposit because it was deemed to be a "gift". So, the 20,000 euros we paid was effectively taxed 3 times and there is no recourse with the tax agency.

Mike. I have no idea what happened to you

I, family members and friends have bought in
Spain and never did any of us pay tax on the deposit only the fees / taxes on the purchase

However if you were given the house or part of it, then gift tax would arise but that would not apply in a normal case

I sort of suspect you were scammed, but definitely not by the government of that I am certain, so maybe the lawyer if you had one or someone else.   Or you misunderstood what happened

I am a attorney in Denia, Alicante. After 30 years, I have only seen 1 scam from a Spanish builder. 99% of scams come from your own countrymen. That somebody comes from your country and speaks your language is not a guaranty at all.  Sometimes we do things we would never do in our own country. Do not leave your brain in the airport.

As an attorney, what is your opinion on what happened to us with the deposit (first post)? Does that sound like it is correct to you? I wonder if it was legitimate?

Although, they aren't  legally scams, many or perhaps most, rentsl agents charge a fee of one months rent to find a tenant a flat, or at least they did in the 1990s when I first came to Spain. Now, if you take a long time in finding a place, this fee might be approprite, but if you decide after seeing 3 or 4 properties, it is excessive, in my opinion.

Mike I can feel your pain!
In legal issues the most important thing to have is evidence.
You do not say that you were using a lawyer - were you?
If you used a lawyer then you should ask them to pursue your missing deposit.

In 2014 we bought a 'used' urban house in Granada (using a Spanish lawyer), the agreed price was 75.000€. This sale attracted 10% IVA tax, making a total purchase price of 82.500€.
We paid a DEPOSIT of 3.000€ + 10% IVA tax, a total of 3.300€ (I have a receipt for this from the seller).

When we came to complete the purchase, in front of a "Notario" and with lawyers from the seller and buyer present, we paid the balance of 82.500€ MINUS 3.300€.
All the above (including the two IVA sums) is detailed in the "Escritura de compraventa", the legal deeds to the property, which we took away from the Notario after concluding the sale.
I paid our lawyer 2.000€ + 21% IVA for the entire house purchase procedure.

In the 5 years since purchase we have been threatened several times by (one pair of) neighbours, including several lawyer's meetings, one police visit, a "denuncia" to the Town Planning dep't and one court appearance.
Thanks to the legal documents and the photographs I took, our legal status has held firm and we have emerged victorious (so far).

I urge you to look at your 'Escritura de compraventa'.

I wish you the best of good fortune,
Simon

Simon,
The threats sound horrifying. Why are they threatening you?
Robert

Hi,
My advise is be careful and search the registered business of the agents as some are just pure scumbags. They issue you with a fake contract which does not correspond with their registered address. Most advertise online.
If you spot a scam contact the police!
If you have parted with your deposit and it's less than 24-48hrs.
Your Spanish bank can cancel that payment.
If it  is too late and money was already taken, depending on the amount. Smaller amounts of deposits less than 2000€
You can go to the the small claims court in Spain called the juzgado...I think. Search the word or cuidad de justicia... Better still search CAB spain and get a free advice.

There are no fees and no charge to make a moneyclaim in  the Spanish small claims court.

I have been 30 years in Spain real estate solicitor. 99% of scams are done by your own countrymen. Dutch scam Dutch buyers, English scam, English buyers and on... When abroad you apreciate that somebody speaks your own language, but that is not a guarantee at all. I have seen many people doing things they would have never done in their country. Don´t leave your brain in the airport.

Ruben.   I would add to that.   

Most scams are committed by people who speak your language, and that includes your own countrymen