Ask a Spain Law Question, Get an Answer ASAP!
I am an spanish attorney I am going to answer now
So, you bought but you could no complete the payment
yes i paid the 30 deposit
So, you lose 5 k
i could not raise the mortage when the apartmeent completed
In spanish law if you make a deposit and you could not compete the payment you lose the deposit
But consumers prottection law gives some rights to the consumer
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
the court case states i have to complete
I see, let me think 5 minutes please
So, they have won in court and you could complete the price or pay 25 k ?
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
The problem its that if you do not pay tou have no ways to get your rights back
Let me see some jurisprudence and I will answer 1 one hour
See you then
how will you contact me ?
i have to take my son to school
The threat to follow your propieties in england has a very little value
I have been jurisprudence and its very hard to seize goods out of Spain
But I have no chance for you to get your propiety in spain if you do not pay
In another hand the seller have very few chances to sell now in spain because the real state sector is dead
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
Byt be sure that the price of it had fallen down for sure
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
So, if you want the propiety, you could manage with them a good price for you
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
I will be here if needed
thanks but they can they get my house in spain ? i owed this before i bought the apartment?
You have another propiety in Spain?
yes a small village house in Granada , very small very cheap but its all i have, can they take this ?
For sure. If you owe money in Spain and you have a propiety here they can seize it and you can lose it
can i change it into my companys name to protect it ?
You could simulate a sell out with somebody
could i go to court for selling it ?.
Because if you do it for free its a criminal offence
As long as it is no sezed you could sell it out
so can i sell it to my comoany for 5 thousand euros ? would that make it safe ?
sorry company ?
You can sell it out in a regular price, not for free or almost
Buy if it is a company of you they can study the scam
another laywer said if i sold it knowing there had been a court case i could go to prison?
So its better to sell it out in a third name, somebody without relathion with you
If you try to scam them and they could probe it yes
what are the chances of them taking my house >
So, you have to avoid it looks like an scam
they have already kept 36 thousand euros and they still have the apartment
They have a lot of chances to get your house if it is on your name
can i appeal the court case ? i was not notified ?
If you have been no notified you can appeal
the other solicitor said i could not that the judgement was final , it was in 2011 i was not notified until oct 2012
he said they had proof they had sent me letters , they did not send me one
they have to be sent recorded dont they ? a burofax ? they can not have proof of that
how do i appeal ?
You have to contract an attorney
He will make he appeal in court
so its not too late ?
Its no late if you have been no notified
can i do it myself ?
If you have been may be it is
sorry i dont understand ?
If you were notified you had 20 days to make the appeal
If you were not, you can make the appel
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
But if your solicitor had its the same as you had
I am sorry for that
So try to make an arregment with they
no i did not have a solicitor anymore
But the previuos one was notified
So you were notified
My advice its to try to get aan arregement with they
Let me know if I can help you
no one was notified they said they sent all the paperwork to my uk home , they did not
Please do not forget to make a good rate of my service
But they notify to your attorney ?
Well. Then you can make the appeal now
You must contract an attorney an to make the appeal
But take care if they notify in a way you do not know
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).