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José M.
José M., Attorney
Category: General
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Experience:  Spanish Attorney
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I have signed the arras and the owners of the house I am buying

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I have signed the arras and the owners of the house I am buying are supposed to settle the hypothecate before signing the final contract with the notary. My lawyer told me today that I would issue a check for the owner's bank to settle the hypothecate and they would deduct it from the amount I should pay them. Is this normal procedure? Will it delay me in any way to register the house in my name?

José M. : Hi XXXXX Spanish lawyer
José M. : After to do that, you should checo
José M. : sorry
Customer: Hello
José M. : after to do that you should check the total amount due to the bank
Customer: But the arras said the owners should deal with this before we sign
José M. : if the bank signs the total debt, its correct
Customer: Why my lawyer would ask me to do it?
José M. : OF course is a problem of the owner
Customer: Yes and it is written in the arras and I already gave them 10% of the price
Customer: It was written: the owners must settle before the signature. Is it normal of my lawyer to ask me to do it?
José M. :

Well, its a way to make the deal easy to the seller

Customer: But I employ the lawyer
José M. :

The bank need the money to erase the hypotecate, as the seller has no the money needs your own money

Customer: Can this delay to put the house in my name? No, the hypothecate is very small
José M. :

I know he is your lawyer and he tries to make the business easy. There are no riskes for you if you ask the bank first

Customer: Ok thank u
José M. :

No time problem neither, because in the notario you will have the documents which tell that the hypotacate its paid so it will be fast

José M. :

Remenber to have the document of the bank and pay in the bank

Customer: All right, thanks a lot
José M. :

Very important, but your lawyer will know that for sure

José M. :

Thank you Sir

Customer: No I will let the owner fix it as we signed on the arras.
José M. :

I gently ask for a good rate of the service, its the way that the sites pays the expert. Thank you

Customer: Sure
José M. :

Perfect, It is a good way, always with the help of your attorney

Customer: Good bye
José M. :

Your are doing pefectly right

José M. :

Thank you

Customer: Thank u,good bye
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