House purchase deposit.

I don't think it matters if it's the law, if they were intending on paying it back then continue with this action. Its the decent and honourable thing to do. 

Sometimes Ajp Spanish laws can be virtually worthless when it can take up to 10 years to get a case heard before a Spanish judge. I don’t know why that is the case but it seems to suite the Spanish. The one rule I learned years ago ’’whoever has the money in their pocket owns it’’.

There's also something known as karma. What goes around comes around.

Give the money back.

Hi Ajp,

What a terribly sad situation.

At face value, it may seem that the deposit should be returned to the surviving partner without question.  However, under Spanish conveyance law, if a buyer fails to complete on the purchase, the seller would be entitled to keep the deposit.  In this particular situation, that may seem heartless, but looking at it dispassionately, the seller may well be contractually committed to their estate agent to pay at least a proportion of the selling fees, as well as lawyers' fees, for the aborted sale.

Also this situation may not be as straightforward as it seems if, for example, the buyer's death invokes other law that takes precedence over conveyance law.

Of course, if the seller hasn't incurred any expenses, I agree it would be morally correct for them to return the deposit to the buyer.

Given the tragic nature of the circumstances, hopefully the seller is being advised by an independent, Spanish lawyer (abogado) who, with sensitivity and compassion, can arrive at an equitable solution for all parties.  

Kind regards,

Kim

Thank you all for getting back to me, They are paying the deposit back no question but they have had conflicting information from the agent who sold the house and the solicitor. Thanks again. Alan.

Not quite RayD. If the seller pulls out THEY had to pay the purchaser twice the deposit back. Also, you will find you still have to pay the agent their commission even thought the sale did not complete.

Could the conflicting information have something to do with them wanting their cut?

The agent will take their commission no matter what happens. I know this for a fact as it happened to me. My buyer pulled out and I got the deposit from the agent minus their commission even though the sale had not completed. My fault. I should have read the small print. Not all agents will still charge but I was unfortunate enough to have one who did. A lot only charge when the sale is completed. Check the small print is my advice. What you will find is that it is generally the english agents who insist on taking commission even when a sale does not complete. Tells you something about your countrymen, doesn´t it.

Perhaps it is the lack of an enforceable justice system that encourages the foreign cowboys to operate in Spain.