Legal advice with buying of a property in spain, that didnt go through!

paulr8794

Hello bit of a long one please bear with me!
I would appreciate ANY advice or comments......

just over 2 years ago my sister and husband bought an apartment in spain from our brother in law. When I say bought she gave him the money in feb 2007 and the brother in law asked could he sign it over in the May in the new financial year. So my sister wrote him 2 cheques to his business in the uk. The May came and went and several excuses after excuse the property still hadnt been signed over by the OCT when tragically my sisters husband died suddenly! a few months later my sister decided she no longer wanted to buy the property because of her new circumstances. As she never had the property signed to her she felt she didnt have to go through with it. Obviously 2 years ago the spanish property market was starting to freefall and the brother in Law is refusing to give the money back although he has given back £20000 and did say he was prepared to pay £1000 per month! taking just over 4 years to pay it back!! which he has since gone back on.

So anyway my sister has since took legal action and has tried unsuccessfully to resolve it. The solicitor is now pushing for a court date but has now said that legally she may have to take it to court in Spain?

What do you think? is she right in first persuing this in a british court? the agreement was made within the uk and she paid in sterling in the uk and all paties are british?

Thanks for any advice?

geoffky

proper legal advice is needed here....that's why no one has replied..

Ian_W

paulr8794 wrote: »

So anyway my sister has since took legal action and has tried unsuccessfully to resolve it. The solicitor is now pushing for a court date but has now said that legally she may have to take it to court in Spain?
What do you think? is she right in first persuing this in a british court? the agreement was made within the uk and she paid in sterling in the uk and all paties are british?

Hmm. I think she should listen to her solicitor, s/he is a qualified professional in possession of all the facts whereas most who post on here, myself included, are not. Whatever opinions you receive, it will ultimately be for a court to decide in which jurisdiction the legal action lies.

The solicitor obviously hasn't completely rules out a UK court if they are "pushing for a court date" but I imagine is concerned that despite the parties being British and the payments being made here - essentially it's a contract dispute about the sale of of a Spanish property. The laws of the 2 countries are different in many respects but there is one similarity at least - that property can only bought and sold using a WRITTEN contract. As you haven't alluded to a contract, Spanish lawyers, a notary etc I presume no written contract exists?

As the dispute is about a Spanish property I can certainly understand a concern that a court here may consider that the dispute can only be resolved using Spanish contract law. If that is the outcome, then your sister should be prepared for a very lengthy and very expensive process to reclaim her money and may have to seriously consider whether it is worth the effort.

Sorry I can't be more positive, particularly in light of your sisters sad loss.

paulr8794

cheers guys! I think you may be right very long draining process which my sister is going to have to accept even though was family and wasnt 100% comfortable with the situation they ultimatley put themselves in that vulnarable situation. Its a shame some sort of compromise cannot be reached and Im feeling its time that I try to mediate between the two parties.

Ian_W

paulr8794 wrote: »

Its a shame some sort of compromise cannot be reached and Im feeling its time that I try to mediate between the two parties.

If you can do that and the BIL sticks to his side of any agreement that really may be the best for all concerned. From what I've heard the courts in Spain make the UK ones look like a Ferrari speed-wise and vice versa cost-wise!!

SouthCoast

Im feeling its time that I try to mediate between the two parties.

If mediation is a viable option, suggest that you use third party professionals.


http://www.hmcourts-service.gov.uk/cms/7770.htm