I have a flat in spain. An english couple put an offer in to purchase. I confirm the offer to them and quoted them the rate of exchange on the day of the agreement and the euro and price in pounds. They wanted a quick cash sale, but that was on 9th March, and it didnt transpire until beginning of june. The solicitor did not send me a contract at all. I was then contacted on 1st june to say for me to fly to spain to sign, but not at the agreed rate of exchang e price but on the rate of exchange for june. I send numerous emails to the buyers solicitor making this clear about the price agreed on the date. I still have not had or seen a contract. The buyers said they have paid over the money to the solicitor. I sent an email 2 weeks ago, to say I wanted to see the contract before I flew to spain, but have not now heard from either solicitor or buyer. I said I would not accept the price at the june rate of exchange as I quoted them and advised the solicior that I wanted the agreed date of exchange rate.Can they do a purchase without involving me??!! What do I do now. help...
emailsing copies of the emails to buyer and solicitor of my instructions and price fix and asking for a contract
I am an spanish attorney.
Did you sign a power of attorney to the solicitor to sell in your name?
If you have not, your solicitor can not sell out your house out without your autorithaation and sign in the notaria
I strongly recomend not to do anything with out a wrtting contract to be sure all the terms on it
Your solicitor can do anithing against your instructions and this is why I recomend to do all the bussines in writting
I will be here if you need more help, please only rate my job when you will be plenty satisfied and without doubts about it
Thank you for coming back. No I have not signed a power of attorney, or a contract, I have not seen a contract. Am I within my rights to hold the buyers to the rate of exchange I quoted them on the day of agreement?
As long as you has sign nothing they can do nothing if you no agree.
You can demand a wrtting contract in all time and I recomend to do it, and you can include a deposit which you could remain as the spanish civil code says if they do not buy at least or you will have to pay in double if you desist of the busisnes but I recomend to do it all of it by writting in order not lose time and money coming into spain and lose the business in last moment.
Nowadays if very comon that people sign contarcts but they do not get the money from bank so, if you have nothing writting you could lose the business, money and time if they do not buy at least
The solicitor told me that they have paid a deposit, and then paid the balance but based on the rate of exchange in June, which was 2000euros less than at the agreement date. I said I would not accept it as that was not the agreeement.
Do I have go to spain to sign the papers? can I have them sent to uk, and for me to sign them at a solciitors in england?
Well, in this case its only a problem of the solicitor who has take a money who nobody has let him to take with out your exactly instruccions of it
You have no responsability on this deposit and you have no obligations with it because you have not sing anithing about it
So, tell this person to send you a correct contract I will examine it if you want, and tell him the money you want as soon you sign.
If you know no agree with the terms the problem its only for the solicitor, you are free to do whatever you want
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