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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6080
Experience:  Spanish Attorney
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we put a deposit down to reserve a property with direct auctions

Resolved Question:

we put a deposit down to reserve a property with direct auctions Marbella and the director keeps saying that the bank handler has not gotten back in touch. this has now taken almost one year and we are no further forward. how do we progress this issue and is this usual. we do not want to lose the property but if this is not going to proceed would like our money back so we can move on and buy something else.
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.

José M. :

Hi there

José M. :

José M spanish solicitor

Customer:

Hi, I was wondering if you had been able to read my enquiry

José M. :

I need to know what your contract says

Customer:

I would need to look back at emails. We were told that to put in an offer we should pay a reservation fee and the bank would let us know if they would accept. we would then have two weeks to view the property and agree or could have the deposit back

José M. :

According to spanish law, as a regular rule, if you make a contract, as a buyer, a you put a deposit, if you do not finish it you lose the deposit, but if the seller broke it has to pay you the double of the deposit

Customer:

can it go on for ever though or is there a time line

José M. :

The contract has to say the limits, when the seller has to give you the propiety

Customer:

that's helpful I would need to check this im sure they said that it is usually concluded within 45 days

José M. :

In all cases, if they do not have the chance to give you the propiety they have to give your deposit back as soon as you ask for it

Customer:

they since said November last year it would be ours and have stalled since

José M. :

Read the contract carefully and all the terms and conditions on it

Customer:

I will do and will ask for the auction company to go over it with us on the phone

José M. :

Perfect.

Customer:

thank you, XXXXX XXXXX going to ask aside from reading the contract what our next step should be

José M. :

And in all cases, as a consumer, you have rights that they can no broke

José M. :

Wait a minute please

Customer:

thank you

José M. :

I am going to give you a link with the most importants spanish law translated into english

José M. :

http://www.mjusticia.gob.es/cs/Satellite/es/1288774502225/TextoPublicaciones.html

Customer:

thank you that would be really helpful,

Customer:

should we get a lawyer to take things forward

José M. :

I will guide you about what are your rights and where they are in the law

Customer:

thank you, XXXXX XXXXX usual for a bank to delay things this long in this manner

José M. :

Read article 1454 there

Customer:

the link isn't coming up

José M. :

No, thay can no delay as they want, and they put a fiine on you when you delayed so it is fair that they paid if is their fault ...

José M. :

Go to this link http://civil.udg.es/normacivil/estatal/cc/4t4.htm

Customer:

if we ask for our money back is there a way of doing it so that we are not technically breaking the contract

José M. :

And make click on spanish civil code

Customer:

thank you

José M. :

sorry

José M. :

The link is http://www.mjusticia.gob.es/cs/Satellite/es/1288774502225/TextoPublicaciones.html

José M. :

http://www.mjusticia.gob.es/cs/Satellite/es/1288774502225/TextoPublicaciones.html

José M. :

Go there and find spanish civil code

Customer:

thank you for the link. im worried that if I say I want the deposit back they will say that I am breaking the contract and cant have it back

José M. :

No, they cant keep your money for a year, its no legal

José M. :

They have to give you it back as soon as you ask for it, even you could demand more money for damages

Customer:

I see, I didn't realise that

Customer:

I will look up the links, I hope I can understand them

José M. :

In this second law you will find a lot of rights of you that you didnot know and they can no broke

José M. :

Well, I will be here if needed

José M. :

I am easy to find in this site

Customer:

thank you, XXXXX XXXXX helpful, I will read the links

Customer:

and get back to you if I need further advice

José M. :

Ok, Keep my profile in favoritis and I will be easier to find

Customer:

thank you I will do

José M. :

http://www.justanswer.com/law/expert-abogado3044/

José M. :

Thank you

José M. :

Please do not forget to rate the service positively :) Its the way the site pays the expert

José M. :

Have a good day

Customer:

I see, I will do

José M. :

Thank you

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