July 22, 2007 at 9:03 pm #53049AnonymousParticipant
I came to Spain in 2004, and viewed several properties with my friend, who lived here with a view to purchasing.
Towards the end of my holiday, I went to view a new build property, and wanted to buy it, the building contract at that time was in the name of my friend, who explained it would be soon completed.
When I went back to the UK, I placed a small deposit on the property.
Because I was dealing with my friend, we never had a formal contract in place, and agreed the cost of the property and terms verbally.
Due to it taking much longer to sell my property in the UK, I was unable to pay the balance of the agreed cost until July of 2005
I moved into the property of July of 2005, and am currently living there, the property is free of all charges, and I am living there peacefully.
My problem is that my friend and I have never been to the notary to complete the sale officially, and now she is refusing to do so, saying I have failed to make all the payments agreed
Since I do not have any contract, or proof of our agreement, is there anything I can do?
I do have proof that the payments were made, as they were made by bank transfer, but there was never any note against the transfers with regard to the property being purchased.
I was unaware that there was a problem with the escritura not being in my name, until I went to file my taxes, when the gestor asked me for a copy of my escritura
The vendor and I are no longer friends, and she has since moved to the UK
Is there any recourse I can take legally?
I have no witnesses to our agreement, and no form of paperwork to prove the payments were even for the property I am now living in.
With hindsight, I realise this was a very foolish thing to do, but I could never have imagined a dear friend could do this to me
July 22, 2007 at 9:13 pm #73726katyBlocked
It doesn’t look good 🙁 Maybe you should seek legal advice. My Solicitor once (UK) once told me never to trust anyone where money is concerned, not even husbands and wives let alone friends.
December 25, 2007 at 4:13 pm #76765abolexParticipant
There are things that can be done.
If you still have the problem, please let me know and I will provide some ideas.
January 5, 2008 at 2:50 pm #76920AnonymousParticipant
wow manicspaniard, your story is quite sad, especially because it is painful to realise that “friends” can do this…
Katy, your solicitor is right, never trust anyone where money is concerned BUT that general rule does not apply to anybody, well, at least in my opinion, this things may happen, of course, but I want to believe that there is still honest people in the world and things that are more valuable than money.
Manicspaniard: At least you have proof of payments made to your friend, try to obtain a refund of payments already made. That´s not much, but it´s something and that can be done.
First of all, try to ask for the refunds personally. Your friend might agree if you try to sort things out friendly. This will be better for both of you. If she is not willing to cooperate, then seek legal advice.
Think about that “friendly” first step. If possible, try to keep written proof or your request. That will help.
Hope everything will be sort out soon.
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