Selling with probate

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    • #51431
      Anonymous
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      Should I be worried? My brother in law died last year and as I had been asked to sort it out, the apartment was put up for sale with a recommended “agent” but now I am not so sure. It seems this agent has no office and never answers the only number we have for him.

      The agent found a buyer for the apartment but because there was no will it has had to go through probate in Spain. I expected this to take some time but kick off started for this in June of this year and the lawyers acting for me have completed probate (which cost around 10,000 euros! – I have to assume this is NORMAL) but it since the lawyers confirmed that the probate was sorted, I did expect the sale to complete some time soon after.

      Despite a few phone calls to the agent and more delays, we are now at nearly the end of the year and no sign of any money. Each time I am given a different date for completion and then the goal posts move again. The excuse is taxes have not been paid and more bits of paper are required which is the lawyers excuse as to why its taking so long.

      If this is normal then obviously its the slow process in Spain thats the reason but after reading various board postings on here about agents and lawyers, it sounds like you only need a nota simple to buy a property in Spain. Can anyone shed any light on my options here? The lawyers hardly ever answer e mails and are never available by phone. Also each time I get in touch with the lawyers I get handed on to a new person with the reason that the last who was dealing with it, had left. The agent never answers his phone and I have not heard from him in weeks.

      I am starting to panic as I trusted the agent on recommendation and the person who recommended him also does not have any other number for him than a mobile phone number which just rings.

      I know probate is a long and drawn out process, but how long SHOULD it take in Spain to sell an apartment under these conditions? Especially as the place is empty, the agent has according to him found a buyer who has already placed a deposit and the probate has long been completed. If the buyer pulls out because of the time scale then the family are stuck with a 10,000 bill from the lawyers and as my sister is a widow on a small income this is going to be a problem. Any advice would be welcome.

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