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José M.
José M., Attorney
Category: General
Satisfied Customers: 4968
Experience:  Spanish Attorney
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hi there i bough an off plan property , i could not complete

Resolved Question:

hi there i bough an off plan property , i could not complete , i notified the deveeloper well in advance , i had a buyer who was buying my property there fore closing my contract in 2010 , the develoepr sold himna different property. I received a letter just before christmas stating that i had been sued in the court in Granada and the developer had won the case, i was not notified i would have been more than happy to appear to defend myself. He did not want me there , a spanish solicitior had said letters where sent here , they where not and now he said it is too late for me to appeal. They have offered me 25 k to closw the contract io dont have this money, i do not own a property in the uk but a very small cheap house in spain, if i pout that in my company name will will it stop them being able to take it ? thanks so much or is there another way
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi

Attorney3044 :

I am an spanish attorney I am going to answer now

Customer:

hi

Attorney3044 :

So, you bought but you could no complete the payment

Customer:

yes i paid the 30 deposit

Attorney3044 :

So, you lose 5 k

Customer:

i could not raise the mortage when the apartmeent completed

Attorney3044 :

I see

Attorney3044 :

In spanish law if you make a deposit and you could not compete the payment you lose the deposit

Attorney3044 :

But consumers prottection law gives some rights to the consumer

Customer:

no i paid 36k and he has taken me to court and they are stating that he won and o have to pay 95k, or they have offerred to pay another 25k and they will close the pruchase contract, or chase me in the uk and for my assets

Customer:

the court case states i have to complete

Attorney3044 :

I see, let me think 5 minutes please

Customer:

thanks

Attorney3044 :

So, they have won in court and you could complete the price or pay 25 k ?

Customer:

no they won i n cort and the court said i had to complete compelled , but the developers solicitor has offered me 25k to close the contract , i dont have it , i just want to save my little house in spain, i do not own a house in the uk

Attorney3044 :

I see

Attorney3044 :

The problem its that if you do not pay tou have no ways to get your rights back

Attorney3044 :

Let me see some jurisprudence and I will answer 1 one hour

Attorney3044 :

See you then

Attorney3044 :

Thenk you

Customer:

thanks

Customer:

how will you contact me ?

Customer:

i have to take my son to school

Attorney3044 :

Hi

Attorney3044 :

The threat to follow your propieties in england has a very little value

Attorney3044 :

I have been jurisprudence and its very hard to seize goods out of Spain

Attorney3044 :

But I have no chance for you to get your propiety in spain if you do not pay

Attorney3044 :

In another hand the seller have very few chances to sell now in spain because the real state sector is dead

Attorney3044 :

I mean that if you try to negotiate a new price to get the propiety, with a price you could pay, you will get chances to get the propiety

Attorney3044 :

Byt be sure that the price of it had fallen down for sure

Attorney3044 :

So, may be you are lucky lossen only the depositi, because may be if you had paid the money you bought the propiety now had the half of price you paid

Attorney3044 :

So, if you want the propiety, you could manage with them a good price for you

Attorney3044 :

And if you do not want it, do not be scared, because it will be very hard for them to follow out of Spain in order to seze you

Attorney3044 :

I will be here if needed

Attorney3044 :

Thank you

Customer:

thanks but they can they get my house in spain ? i owed this before i bought the apartment?

Attorney3044 :

You have another propiety in Spain?

Customer:

yes a small village house in Granada , very small very cheap but its all i have, can they take this ?

Attorney3044 :

For sure. If you owe money in Spain and you have a propiety here they can seize it and you can lose it

Customer:

can i change it into my companys name to protect it ?

Attorney3044 :

You could simulate a sell out with somebody

Customer:

could i go to court for selling it ?.

Attorney3044 :

Because if you do it for free its a criminal offence

Attorney3044 :

No

Attorney3044 :

As long as it is no sezed you could sell it out

Customer:

so can i sell it to my comoany for 5 thousand euros ? would that make it safe ?

Customer:

sorry company ?

Attorney3044 :

You can sell it out in a regular price, not for free or almost

Attorney3044 :

Buy if it is a company of you they can study the scam

Customer:

another laywer said if i sold it knowing there had been a court case i could go to prison?

Attorney3044 :

So its better to sell it out in a third name, somebody without relathion with you

Attorney3044 :

If you try to scam them and they could probe it yes

Customer:

what are the chances of them taking my house >

Attorney3044 :

So, you have to avoid it looks like an scam

Customer:

they have already kept 36 thousand euros and they still have the apartment

Attorney3044 :

They have a lot of chances to get your house if it is on your name

Customer:

can i appeal the court case ? i was not notified ?

Attorney3044 :

Sure

Attorney3044 :

If you have been no notified you can appeal

Customer:

the other solicitor said i could not that the judgement was final , it was in 2011 i was not notified until oct 2012

Customer:

he said they had proof they had sent me letters , they did not send me one

Customer:

they have to be sent recorded dont they ? a burofax ? they can not have proof of that

Customer:

how do i appeal ?

Attorney3044 :

You have to contract an attorney

Attorney3044 :

He will make he appeal in court

Customer:

so its not too late ?

Attorney3044 :

No

Attorney3044 :

Its no late if you have been no notified

Customer:

can i do it myself ?

Attorney3044 :

If you have been may be it is

Customer:

sorry i dont understand ?

Attorney3044 :

If you were notified you had 20 days to make the appeal

Attorney3044 :

If you were not, you can make the appel

Customer:

i was not notified . the letter that the solicitior of the developer finally sent was sent to my sisters address , not mine the one on the contract they stated they had tried to contact me at my uk adress but they did not

Attorney3044 :

But if your solicitor had its the same as you had

Attorney3044 :

I am sorry for that

Attorney3044 :

So try to make an arregment with they

Customer:

no i did not have a solicitor anymore

Attorney3044 :

But the previuos one was notified

Attorney3044 :

So you were notified

Attorney3044 :

My advice its to try to get aan arregement with they

Attorney3044 :

Let me know if I can help you

Customer:

no one was notified they said they sent all the paperwork to my uk home , they did not

Attorney3044 :

Please do not forget to make a good rate of my service

Attorney3044 :

But they notify to your attorney ?

Customer:

no !

Attorney3044 :

Well. Then you can make the appeal now

Attorney3044 :

You must contract an attorney an to make the appeal

Customer:

thanks

Attorney3044 :

But take care if they notify in a way you do not know

José M., Attorney
Category: Spain Law
Satisfied Customers: 4968
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

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