Spain Law

Need Spanish Law Help? Ask Spanish Law Questions Online.

Ask an Expert,
Get an Answer ASAP!

Spain Law
This answer was rated:

hi there i bough an off plan property , i could not complete

, i notified the deveeloper...
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
Show More
Show Less
Ask Your Own Spain Law Question
Answered in 1 minute by:
3/18/2013
José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6,199
Experience: Spanish Attorney
Verified

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.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6,199
Experience: Spanish Attorney
Verified
José M. and 87 other Spain Law Specialists are ready to help you
Ask your own question now
Ask José M. Your Own Question
José M.
José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6,199
6,199 Satisfied Customers
Experience: Spanish Attorney

José M. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around.

EstherWoodstock, NY

Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know.

RobinElkton, Maryland

He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here.

DianeDallas, TX

< Previous | Next >

Meet the Experts:

fcantalapiedra

fcantalapiedra

Máster

0 satisfied customers

Abogado en ejercicio, especialista en derecho penal, familia, general.

José M.

José M.

Attorney

6,199 satisfied customers

Spanish Attorney

INC

INC

Solicitor-Advocate

96 satisfied customers

LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

A.Valcke

A.Valcke

Solicitor

140 satisfied customers

14+ years experience // Masters in EU Law

Thomas

Thomas

Solicitor

45 satisfied customers

UK based Immigration Solicitor

Clare

Clare

Solicitor

37 satisfied customers

Attorney

Top_advisor

Top_advisor

Attorney

32 satisfied customers

Solicitor and Attorney

< Previous | Next >

Related Spain Law Questions
I live in a community in Torre de la Horredada. Just outside
Hi I live in a community in Torre de la Horredada. Just outside our house there is a street with speed limit 40km. Almost none respect the limit and some droves in 120km or more. It's generate a lot o… read more
José M.
José M.
Attorney
6,199 satisfied customers
How is uk goverment none taxable in spain to be declared.
how is uk goverment none taxable in spain to be declared … read more
José M.
José M.
Attorney
6,199 satisfied customers
My partner and I moved to Spain in November 2016. We
My partner and I moved to Spain in November 2016. We purchased a property in Spain, which she paid for. In January this year she went home to … read more
José M.
José M.
Attorney
6,199 satisfied customers
I am doing a online service business in spain, i am in
hi sir i am doing a online service business in spain … read more
José M.
José M.
Attorney
6,199 satisfied customers
Living outside of spain and bougth flat in 2014, recently I
Im Spanish living outside of spain and bougth flat in 2014 … read more
José M.
José M.
Attorney
6,199 satisfied customers
I have question on 720 application can you help me with
i have question on 720 application can you help me with that … read more
José M.
José M.
Attorney
6,199 satisfied customers
My wife and i have jointly owned a Holiday Property in the
My wife and i have jointly owned a Holiday Property in the Costa Del Sol for 16 years . Regretfully my wife has recently passed away,can you tell me what the current law is in relation to Inheritance … read more
José M.
José M.
Attorney
6,199 satisfied customers
Can i talk to a lawyer on the phone. Siville
can i talk to a lawyer on the phone JA: What state are you in? It matters because laws vary by location. Customer: siville JA: Has anything been filed or reported? Customer: no JA: Anything else you w… read more
José M.
José M.
Attorney
6,199 satisfied customers
I have a joint account with my girlfriend she has
i have a joint account with my girlfriend she has transferred all the money 65,000 Euros into her own account can i legally get some if not all back … read more
José M.
José M.
Attorney
6,199 satisfied customers
My mothers mom passed away and she has in inheritance in
my mothers mom passed away and she has in inheritance in spain … read more
José M.
José M.
Attorney
6,199 satisfied customers
I am a widow and own an old car which my son drives. I have
I am a widow and own an old car which my son drives. I have changed the insurance to his own name as he has been stopped and fined for dui. The car is still registered in my name. Looking at the worst… read more
José M.
José M.
Attorney
6,199 satisfied customers
I need legal advice in a quite complex and at least
Hello! I need legal advice in a quite complex and at least partially political problem in Madrid, Spain. Unfortunately I don't have much money. Are there any Human Rights lawyers or organizations who … read more
José M.
José M.
Attorney
6,199 satisfied customers
Is it a criminal offence to obtain money by deception? If
Is it a criminal offence to obtain money by deception? If so, what are the typical penalties?… read more
José M.
José M.
Attorney
6,199 satisfied customers
I would like to know if i married to a spanish women how it
hello i would like to know if i married to a spanish women how long it will take until i get permanent or nationalitet … read more
José M.
José M.
Attorney
6,199 satisfied customers
My daughter is vacating a rental in Marbella and the owner
My daughter is vacating a rental in Marbella and the owner refuses to return her deposit … read more
José M.
José M.
Attorney
6,199 satisfied customers
Are international civil service pensions (ex United Nations)
Are international civil service pensions (ex United Nations) tax exempt for spanish residents? … read more
José M.
José M.
Attorney
6,199 satisfied customers
My house in Spain was invaded. Now I intend to move in
My house in Spain was invaded. Now I intend to move in permantly and found out that i would have to file a civil lawsuit to get the people out. Is this true? … read more
José M.
José M.
Attorney
6,199 satisfied customers
Can a mover in spain, withhold the furniture that is in his
Can a mover in spain, withhold the furniture that is in his storage untill the invoice is not fully paid to them? … read more
José M.
José M.
Attorney
6,199 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x