Can anyone please help! I've just purchased a house

Sorry to hear of your experience. I'm NOT an expert but have just bought a quad which went very smoothly.

With the greatest respect to you it sounds like you've jumped into something that you didn't fully understand.

Where is Torre? A lawyer in Malaga is not exactly handy if your in Costa Blanca.

Instead of worrying about completion in October, I'd be speaking to your solicitor and/or another solicitor regarding cutting my losses and bailing out. It may be easier than you think. Has the vendor tried to sell a property that they did not legally own - "vendor had not received the Inheritance Deed". This may be you way out.

Others with more experience and knowledge will chime in soon hopefully.

Hi Craig

Thanks very much for your reply. It's true to say it's something I don't fully understand. I was looking for a property for investment in the UK so not completely 'off the wall' I certainly chose the wrong lawyer and together with 3000 Euro the lawyer insisted on 1000 Euro in advance. I've now also paid 10,000 Euro non returnable deposit.

The history is that the house was bought by Mr & Mrs Salmon in 2004. In February of this year Mr Salmon died. So I'm told the house had to be registered to Mrs. Salmon as a single owner before it could be sold. I have considered cutting my losses but I loved the house and have wanted a place in Spain since my 20's.

I appreciate your advice and will mull it over. One concern is the practicalities of what will actually happen at the completion appointment. Could you advise on that please.

Thanks again for your help.

It's not something I can advise on......you need professional legal assistance.

I still can't understand how your lawyer can be trying to set completion dates when all the documentation is not in place.

If you don't want to cut and run (just because your lawyer says it's a non refundable deposit doesn't mean its true) I would definately seek a second opinion. I believe you can speak with Citizens Advice in Spain.

If the alarm bells are ringing stop and think about what your doing - seek advice before you go ANY further.

€11,000 is bad enough......don't complete till you know all is well.

Where is Torre??

Thanks again Craig didn't know there was an English speaking CAB in Spain.

Torre is Torreveija thought that's what the.locals called it.

Hi Pete and Kim,

Thank you both so much for your advice. I feel i understand the process much more now. It would be great to meet up Kim thanks very much. I was disappointed that my daughter was not able to come. Things are so much easier with 2 people. I'm in London UK at present but planning to travel to Torreveija on 25/10.

My lawyer initial arranged Completion in 17/9. Before the Inheritance Deed was through. In the end I refused to transfer the money. In Friday I received a short email from her informing me it is now through and I needed to transfer the remainder of the cash via the Currency Company 7 days before completion.I'd value your opinions as to whether I should request a copy of the Deed given the circumstances.I

I do not need to make a profit from the house but I only have a tiny work based pension so will need it to cover expenses. So I'm assuming a long term rental would be sufficient. 

Thanks again for your help. 

Good morning,

Sorry to hear about your dilemma on reading your original post and the subsequent advice, all of which was spot on by the way, a couple of  questions came to my mind:

You mentioned an Agent, did you buy through them and if so, what sort of advice are they giving you?

Is the property a Resale, (2nd Hand), because you mentioned that your agent couldn't open the gate so I'm assuming it is Resale and not Key in Hand, (New but never Lived In)?

The reason I ask is, that if the property is Resale then according to Spanish Law and the contract you would normally have signed under such circumstances, if the Vendor can not complete the Sale i.e. Hand over the Property on the Agreed Completion Date, they not only have to return any money you've paid up to that point, but they are legally obligated to return your deposit plus the same amount again!!

In any case, I suggest that you contact another legal company for advice before you sign anything else or pay any more money, here's a link to a very well established company, they've been on the Coast for years and speak English:

http://www.abacoadvisers.com/

I hope this helps and if you need any more information just drop me a line.

Best,

JP

Hi JP,

Thanks for your very helpful advice and sorry it's taken me a couple of days to reply. 

The property is a resale and the Estate Agent has been helpful. The communication was quite good.  They did advise me not to use this particular lawyer but as I'd seen him at an Exhibition I thought he would be ok, otherwise they wouldn't have employed him. I only recently realised  the role the Estate Agent takes in Spain.

Can I verify how much the Vendor would have to return please? My deposit is 10,000 euro plus 1,000 paid in advance to the lawyer.

Thanks again for your help.

Julie  

Hi Ray,

Thanks for your email and helpful advice I feel I know much more about the Completion process now. 

It will be great if the vendor has paid the IBI at least 1 less thing to worry about. I've asked the lawyer for a document verifying that this tax has been paid.

Thanks again for your help.

Julie

Morning Julie,

Obviously I haven't seen the contract you've signed, but on a normal sales agreement like this: Deposit contract – Contrato de arras penitenciales, for a Resale Property, it is clearly stated that if the Vendor is unable to complete the transaction they return double the deposit. 

Here's a link to a very informative site: https://www.spanishpropertyinsight.com/buying-property-in-spain/buying-a-resale-property/contracts/

If you need anything else just drop me a line.

Best,

JP