Lawyers in Mallorca to assist in rental contract

D.Pearce

Member

Member since 25 January 2023

D.Pearce

11 February 2023 14:12:29

D.Pearce

11 February 2023 14:12:29

Hi all,

we found a place we like in Mallorca. The listing was up for a week with many interest and got removed after we enquired.

the guy who contacted me said him and his wife owns the place, sent me electricity bill proof of address, his drivers license and back of his ID as to where they live.

he sent me a 2 pages contract in Spanish which I briefly translated to English.

the only part I can't wrap my head around is that he is asking me to make 1 month deposit now and said I can pay the next deposit in May when I move over. I suggested a family member in Italy to visit the place and meet with him prior to making the payment, he said he will rent it to whoever who is willing to pay first and the agency has other clients looking. We are also not able to visit until after 27 February as a short term rental family is staying there.

is this normal or legit? Are there any government websites where you are able to pay to verify the ownership of a home?

are there any English speaking lawyers in Mallorca who is willing to act as escrow and help me verify this transaction?

I came across Reddit forum that mentioned there are rising cases of scammers on idealista and hence being extremely cautious.

Lmflmf1

Contributor

Member since 18 September 2020

Spain

Lmflmf1

16 February 2023 09:28:25

176

Lmflmf1

16 February 2023 09:28:25

176

Spain

@D.Pearce

ask to see the original “escritura” (title deed) with his name and his wife's name on it. This is proof of ownership .

cheers

lmf

gwynj

Bulgaria Expert

Member since 30 June 2020

Bansko, Blagoevgrad

gwynj

16 February 2023 18:07:16

1941

gwynj

16 February 2023 18:07:16

1941

Bansko, Blagoevgrad

@D.Pearce

Asking for money up-front is typical for scammers. But it's also typical for legit landlords!

Your problem is that you're trying to find and reserve an apartment a couple of months before you arrive. Clearly, you have to pay a deposit for this. AND you have to pay the rent for the months prior to your arrival (i.e. March and April and May). Very few legit landlords will reserve an apartment for you today, but be happy to forego the rent until you stroll on over to Spain! And if you think that's reasonable, you need to think again.

If you want to reserve a property in advance, then you have to hand over a big chunk of money (deposit and rent). It's risky.

I would, personally, just find something now on Booking or Airbnb for a few weeks when I arrive in May (you can make confirmed bookings with negligible chances of fraud). And then do my flat hunting in person, at that time. It's just far safer (and far cheaper, as I don't pay for March and April).

There are red flags in your account. He took the listing down after you enquired. I don't know why he would do that. Normally, it is advertised until it's rented (i.e. someone signs a rental contract, and pays the deposit). You seem to think landlord is a nice guy who will reserve the apartment for your May arrival, but doesn't want rent for March or April. You have someone available to view now, but there's a reason why they can't (occupied), combined with pressure to do the deal (agency with multiple renters). You have someone advertising (the guy), but someone else (his wife) owns the property.

I don't think I'd go for it. And I don't think I'd bother to check the documents, But if you want to live dangerously, then you need to check everything matches (as suggested by @Lmflmf1). That is, the name on the rental contract is the same as the name on the property (escritura or nota simple) and the same as the money transfer. And the rental contract should have contact details (phone number and email) for the landlord, so you should be able to call and check.

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