Good afternoon,
My name is Vitor Mariano, I am a Solicitor (Professional Card nº: 6306), and I was involved in a process as a legal representative of a Client ( Mrs. Juei-Shu Chang) that wanted to buy the a property. Therefore, I would like to request an internal audit to th is specific negotiation (of purchase and sale) that have happened in REMAX, regarding a property number 120991397-100 .
Follow you can find an explanation of all that have happened:
1. It is foreign client, Taiwanese nationality, and resident in England;
2. The Client has visited several properties in Lisbon , with Remax's sales representative in Santarem - Mr. Daniel Oliveira;
3. After several visits, my client was very interested in one in particular;
4. By then, Mr. Daniel has presented his first proposal on the total amount of € 245,000.00 ; Note that the value of the property was in their website as per the same amount.
5. The client was then informed by the sales representative that were many people interested on that property. Information that I've got from his colleague Mr. João Cardoso - REMAX Lisboa . Total of people interested was between 5 to 6 (potential buyers);
6. Consequently, and thru a private message, the client was informed someone else has bidded 247,000 and asked if the client's second offer. My client offered to matched this 247,000€ offer. The next day, the client was infomred that someone else put forward a €300,000 offer and the owner decided to accept this offer. Then my client took no further action.
7. The next day, Mr. Daniel Oliviera contacted m y Client to say that he was not happy with how the process was handled and would like to try to get other opportunity for this property.
8. After this Remax have decided to inform my client that the negotiation of the purchase value will be done thru a "private negotiation" in "closed letter" trading;
9. The Client and I (as Solicitor) was very surprised, since we had never heard of such a negotiation being carried out by a real estate agente;
10. Nevertheless, the Client decided to proceed with a "closed letter" proposal; the day was set - 24 th July for meeting/negotiation;
11. The Customer was not in Portugal, and asked REMAX if it would be necessary to have someone present in the negotiation on her behalf (a relative, or the Solicitor with powers), who was informed by REMAX that it is not necessary to be present at the opening of the letters. Only present Mr. Daniel Oliveira, as commercial / vendor of REMAX by this Client;
12. Since Customer was not in Portugal, we decided (myself and the Customer) that, as Customer's representative, I would check and follow the negotiation;
13. I arrived around 6 PM at REMAX in Lisbon to make sure everything was going smooth;
14. When I've arrived, and after greeting Mr. Daniel Oliveira, the first question I've asked him was: Do you think we will win "this"? And the answer was: Of course, yes, no doubt!
15. After this answer, I can only draw two conclusions, either Mr. Daniel already knew everything that was going to happen, means that only one proposal was on the table instead of 5-6 as initially he had informed or he knew that Our Client's proposal was too high, that there was no other chance of not winning;
16. After entering the meeting room, I've realized that only one other interested buyer was there, so one and only one proposal for the deal, apart from my cliente.
17. After seeing what was happening, of course, I showed my displeasure (early in the meeting), telling everyone present that was no sense to go ahead with the business by letter when there were only two promising buyers (mine and "Other"); if there were 5 or 6 proposals, as they had said initially, it might have made some sense, but now, with only two we could do a normal deal, by reinforced the idea that it was the only way to do business;
18. In any case, the letters were opened. The other person showed an amount of 256K and my client had an amount of € 301,326 - a very discrepancy of amounts;
19. My client's offer of € 301,326.00 was always based on the assumption that there were more promising buyers (+ than two), and that the promising buyer who previously mentioned the proposal of € 300,000.00 (in private message), would also be present in the negotiation by closed letter; but this never happened;
20. No one from REMAX had the dignity to say that this promising buyer had already given up on the deal;
21. Of course my Client won, because her proposal was really greater compared to the other promising buyer;
22. In relation to the apartment, during the meeting, I've realized that it was not totally legalized. The attic, on paper, does not exist, there was only a paper signed by the other neighbors (not from all) that the owner could build an attic. Of course, Remax was announce that the apartment had 95M2 when in fact has only 75M2;
23. Another thing that was said during the meeting, regarding the existing lease, is that the apartment would only be available on 09/30/2017 when it had already been told to the Client that it would be available on 8/30/2017, But I must point out one more thing, the lease that exists, is until the end of the year, and the owner had no legal document confirming the tenants' departure on 9/30/2017.
24. Last but not least, my Client was informed by Mr. Daniel Oliveira that she had won the deal by a close letter, and only by then he had inform her about the point 22 and 23. A apart of that she had 2 days to make a decision.
25. After this, and the fact of lack of transparency during the entire process, my client gave up of purchasing the apartment. This information was sent to Mr. Daniel by email, in which Mr. Daniel replied, that he had spoken with the owner about the subject of the attic, and that he would accept a new proposal, a new purchase value. The question that arises is: what kind of negotiation is this now?
* PROIBIDO *://www.remax.pt/
Apartamento-Venda-Estrela-
Lisboa_120991397-100
Thank you for your analysis of this whole process, the same, it does not cease to cause any strangeness and mistrust.
I wait for an answer.
Thank you.
Best regards,
The apartment has not been sold yet. Please contact me so I can help you
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