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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6056
Experience:  Spanish Attorney
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Jose as I received the letter from their solicitor on the 15th

Resolved Question:

Jose as I received the letter from their solicitor on the 15th of December and my solicitor responded on the 23rd December, - there was a response made during the 30 day period.
A response was made from them on the 16th January.
1) Due to solicitors holidays over the period 22nd Jan in UK until the 10th January in Spain, and limited opportunity to work on getting any monies together, would this be a case for an extension of the period 30 days?
2) Is there an extension to the 30 days for negotiations?
3) Do the children have a right to put the house up for sale to a third party immediately after the 30 days if negotiations are still in progress?
Jose hopefully you can answer these questions for me so I can understand how the 30 day process works. Kind regards....Frances
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.
José M. :

Hi there, there is not more time

José M. :

I need to know what thje letter from they tell you

José M. :

Scan it and send it to me as soon as possible

José M. :

If they are telling us that they have and offer and give us the 30 days to buy, they will be free to sell it out after the 30 days

José M. :

Thank you

Customer:

I do not have there last letter Jose, it has not been forwarded to me, I will not have it until tonight!! The first letter dated the 15th December stated as follows:

José M. :

If it was on 15th december you have time to pay until 15 January and no more

José M. :

On 15 January they will be free to sell it out

Customer:

Dear Mrs Rushton................I am writing to you on behalf of my clients and beneficiaries of a half share of the property in Spain under the Will of the late :..... Further to the confirmation of the valuation of the property in Spain for the purposes of registration of the probate, my clients would like to make the following proposal. They would like you to make an offer to them to purchase their half share of the property for £38,000. This represents a significant reduction on the value of their half share (no it does not as it is not in Euros) of the property in Spain. The valuation has been calculated as the average of the two valuations you have provided. If you accept the above mentioned offer, my clients are prepared to pay half of the expenses incurred as a result of you buying their share of the property. My clients are clear that they have no interest in keeping the property and want their half share as soon as possible. If the property is put up for sale or you confirm your desire to buy them out then they will assist with maintenance costs during any interim period. If you cannot agree to put the property uf for sale or by my clients out then they will be left with no option but to actively seek the sale of their half share to any interested party. The maintenance my clients are prepared to incur during this period will be essential costs only. Please could you respond to this letter within the next 28 days confirming your intentions. We look forward to hearing from you. All I know at the moment is that they came back stating 45,000 Euros, I will know more tonight

José M. :

Well, it sounds great

José M. :

It is not what we thought, they have NOT a client

José M. :

I will explain

José M. :

They are NO telling us they have a client

José M. :

It very good for you

José M. :

They are just telling you that they want to sell

Customer:

Are you then saying they are allowing more time for negotiations, the way I read it they no have the right to go ahead and look for a buyer. Re my question would it be fair and acceptable in Spanish law to ask for an extension of 30 days for negotiations? due to the Christmas period and everyone being on holiday?

José M. :

Yes, it is not negatiation at all

José M. :

I will try to explain

José M. :

It is very good for you

José M. :

As I told you is very starnge somebody wants to buy

José M. :

Thay are no telling you that they have a client

José M. :

They want to sell it to you

José M. :

If he have a client, he has to tell you that and the price that the client want to pay

José M. :

Then you have 30 days to buy at the same price

José M. :

But they are no telling you they have a client who pays whatever

José M. :

So, forget the 30 days time

José M. :

They are not going to sell it, They CANT

José M. :

Imagine now he find a client who wants to pay x

José M. :

He have to write you again and telling you taht he is going to sell for x and give you the chance to pay x to buy

José M. :

Buy now you are NOT in trubles

José M. :

Thjay have NOT a client

José M. :

And rarely they will find it

José M. and other Spain Law Specialists are ready to help you
Expert:  José M. replied 2 years ago.
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Customer: replied 2 years ago.

Thank you Jose, you have made me feel a lot easier and more positive now, Thank you so much for your time. Kindest regards..Fran

Expert:  José M. replied 2 years ago.

Hi Frances.

You do not have problems now.

Thay are no telling us they have a client

Be sure they are not going to find it

In the worst way for you they will invest money to sell it in a judicial auction

It could take some years and a lot of expenses for they

Your position is no bad now

Thank you