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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6121
Experience:  Spanish Attorney
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I purchased a property in Spain sum of 156k euros from

Customer Question

I purchased a property in Spain for the sum of 156k euros from a lady resident in UK, the solicitor handling the lease to purchase contract said i was free of debt.
This was three years ago and i have paid her all except £9900 into her UK account, i have recently sold the house but the land registry here in Spain says there is a Prohibition of Sale and a debt of just under 17k euros.
The lady in UK is ignoring all emails and calls , i have her address.
What can i do? Can i register a charge against her property, take her to court for Fraud? The initial charge and prohibition was before the original contract date.
Best Regards
Mr David Betts
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.
Hi there:Probably this person has scamed youFor sure she knows the problem but you should ask in the propiety register before paying herNow you have to pay the debt to make the propiety free at the register and sue her at courtThank you
Customer: replied 1 year ago.
Did you read my question?This is what you put:-Probably this person has scamed you (Obvious)For sure she knows the problem but you should ask in the property register before paying her( i think maybe my solicitor should have?)Now you have to pay the debt to make the propiety free at the register and sue her at court (Back to my original question, how can i enforce that in the UK?)I need to scare her so she will sign the house onto our name, we still have £9900 that belong to her so can use that money to pay the debt.I think because she is in UK she think we cant touch her, i just need to prove to her that this is not the case.
Customer: replied 1 year ago.
The original solicitor who did the contract had the charge removed enable them to sell it to me.
Expert:  José M. replied 1 year ago.
Hi there, you can try to sue her at court in UK but she could says that its not the competence court to be judged and guide you to Spain ans Spanish law as international law says you must do if the other part does not agree using the coumun law of you two ( Must be used the law of the country where the propiety is )So, you are right that you have to sue her at court in Spain and waste tiem and money here and then when you got a sentence in your favour to sue her at court in UK and seize her based in this spanish sentenceAll of that will require time and money, money that you probably get back at the end of the procedure but probably she knows and wait you will forget her before go ahead and waste time and moneyFor sure she knows her chances and yours and wait you get tired before you go against her by the legal wayThank you