[Anonymous]

We have disussing for some time about acceptance of Cash(black or not) for a proprty sale. As the majority of the sales have the two elements i.e cash and Bankers draft.

What I would like to know, what remedy/protection do I have where the bankers draft offered to me is stolen or forged. ( In Uk for e.g a car purchase one can go to the bank take the cash or verify the draft at the branch before handing over the keys/log book etc)

In a senario where a bankers turns out to be a dud one. Can the seller of the property go to the notary and place a hold on the transfer of title etc. or some other timely action has to be taken ?

Please dont tell me that it is illegal to pass on a dud bankers draft.

[Anonymous]

Just before entering the notary you could visit a branch of the issuing bank and ask them to confirm that the cheque is valid.

[Anonymous]

Just before entering the notary you could visit a branch of the issuing bank and ask them to confirm that the cheque is valid.

[Anonymous]

Thank Rawlins.

If the cheque is issued in another town e.g, if one is selling in Marbella and the buyers brings the cheque from say Madridm, Barcelona etc.

The final security must be that the Notary should put a halt on registering the property in the new buyers name i.e. the one who has passed on a dud bankers drsaft. ??????/

Will the Notary do this ??????? or its also not his duty as this needs bit of work involved and is more thah simply verifying names of parties concerned.

[Anonymous]

Thank Rawlins.

If the cheque is issued in another town e.g, if one is selling in Marbella and the buyers brings the cheque from say Madridm, Barcelona etc.

The final security must be that the Notary should put a halt on registering the property in the new buyers name i.e. the one who has passed on a dud bankers drsaft. ??????/

Will the Notary do this ??????? or its also not his duty as this needs bit of work involved and is more thah simply verifying names of parties concerned.

[Anonymous]

Fortunately, I have no experience dud banker’s drafts.

You would have to ask a notary what the exact procedure is if a dud draft is used as payment. I am sure that the sale would be cancelled and the Guardia Civil would be called.

This cannot be a common event because we are talking about a major fraud that will be detected within days and the fraudster would normally be unable to sell the property before the fraud was detected.

As all deeds must now mention exactly how payment was made it would be clear that the sale is invalid if the cited cheque was false.

[Anonymous]

Fortunately, I have no experience dud banker’s drafts.

You would have to ask a notary what the exact procedure is if a dud draft is used as payment. I am sure that the sale would be cancelled and the Guardia Civil would be called.

This cannot be a common event because we are talking about a major fraud that will be detected within days and the fraudster would normally be unable to sell the property before the fraud was detected.

As all deeds must now mention exactly how payment was made it would be clear that the sale is invalid if the cited cheque was false.

[Anonymous]

Hi Rawlings,
Not sure we can feel that confident in the Spanish system ❓
Most of us on this forum have been badly affected by corrupt developers building on Greenbelt land (etc) via brown envelopes & being arrested for such. Most of our contracts with them are littered with illegal clauses but we STILL have to be bound by these contracts and have a major fight on our hands for justice ❗ ❗

[Anonymous]

Hi Rawlings,
Not sure we can feel that confident in the Spanish system ❓
Most of us on this forum have been badly affected by corrupt developers building on Greenbelt land (etc) via brown envelopes & being arrested for such. Most of our contracts with them are littered with illegal clauses but we STILL have to be bound by these contracts and have a major fight on our hands for justice ❗ ❗

[Anonymous]

Thanks Suzanne.

Not sure we can feel that confident in the Spanish system

This my point, as the system does not work and we dont have faith in the lawyers, the court system, notary, council. We have to trust no one and addition treat everybody as dishonest.

I apologise to all my Spanish friends for having the the thoughts that I have. They should not blame me for it.

I am hoping that Cesar, Draken, or Maria will shed some light on the matter.

[Anonymous]

Thanks Suzanne.

Not sure we can feel that confident in the Spanish system

This my point, as the system does not work and we dont have faith in the lawyers, the court system, notary, council. We have to trust no one and addition treat everybody as dishonest.

I apologise to all my Spanish friends for having the the thoughts that I have. They should not blame me for it.

I am hoping that Cesar, Draken, or Maria will shed some light on the matter.

[Author]

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