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What's the lawful position?
Re: What's the lawful position?
by Espanabums » Fri Feb 10, 2023 5:51 pm
In reality, the terms agreed are only as valid as how you much you are prepared to pursue it in law in Spain, a long time and a lot of expense. It´s not fair as you expected to complete the sale and have plans for your future purchase.
The best way forward is to ask your represensitive to enquire as to the nature of the delay in the sale and if you can delay your purchase to accomodate.
We had a similar delay, due to the parties disputing paperwork submitted, and we resolved it by selling our property but retaining the right to live there until we were able to move into our new proprty. It is not ideal, but it was a solution without too much stress or extra cost on our part.
It may well take a compromise between what is right, and what is expedient to complete the sale and purchase.
The best way forward is to ask your represensitive to enquire as to the nature of the delay in the sale and if you can delay your purchase to accomodate.
We had a similar delay, due to the parties disputing paperwork submitted, and we resolved it by selling our property but retaining the right to live there until we were able to move into our new proprty. It is not ideal, but it was a solution without too much stress or extra cost on our part.
It may well take a compromise between what is right, and what is expedient to complete the sale and purchase.
Steve & Jill, Torrevieja
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Espanabums - Posts: 1067
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Re: What's the lawful position?
by Sundaze » Fri Feb 10, 2023 8:05 pm
Kaz123 wrote:For you to get the deposit, you will have to go to the Notary on 31 March & if your buyers don't complete the purchase they lose their deposit.
You will need to pay your solicitor & Notary fees etc. also the estate agent may want their fee from the deposit too.
Depending on deposit amount, you may not be left with much
We have a POA in place, set up to ensure all went smoothly on our part.
The estate agent receives 50% of the initial reservation fee, the cost of the notary and solicitor would leave a fair bit from the remaining 10% deposit already paid.
I hasten to add, it's not about the money, it's about being naive thinking an agreement to sell/buy is set in stone. More fool us then ..
- Sundaze
- Posts: 49
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- Which part of Spain are you from?: Quesada
Re: What's the lawful position?
by Gustav » Sat Feb 11, 2023 7:34 am
Don't think your foolish,
You keeping to the contract,its the others causing problems,
Don't let them grind you down, .there next move might be ok we keep to completiin date as before, but offer you less money for house, there's some devious folks about , just you can complete on time, beware
You keeping to the contract,its the others causing problems,
Don't let them grind you down, .there next move might be ok we keep to completiin date as before, but offer you less money for house, there's some devious folks about , just you can complete on time, beware
- Gustav
- Posts: 1139
- Joined: Sun Sep 19, 2021 10:36 am
- Which part of Spain are you from?: Quesada
- Gender: Male
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