[Anonymous]

Can anyone advise me, as there are so many horror stories I´m not sure what my rights are. We are due to go to the notary on Friday and sign for our new apartment but the original owner has said that she needs a few more days to find herself an apartment. She has agreed to sign on Friday but still stay at the apartment, is this a wise thing as I know the property will then be in our name but are there any laws where she could stay in the property longer than we require, and could we have problems getting her out. I am willing to help her out but am I being silly? Any advise would be very much appreciated.

Thank you.

[Anonymous]

all i can say is she should be thankfull she has a buyer, tell her you will not sign untill she is out ,whats wrong with her renting she has had time to find somewere, I would not sign but im not a lawyer good luck 8)

[Anonymous]

Dear Tengirl,

Do not accept that situation, simply tell the seller that they must handle the keys over to you at the notary. Do not let the sellers in after you have paid the price and signed the deeds, if they stay in (for any reasons) longer that promised you will be in trouble to get them out.

In the private contract that you signed it should state clearly what is the completion limit, the owners can stay in the property until that date, then they have to come to the notary and handle the keys to you, with no exception.

Kind regards,

Jose Maria Sanchez Alfonso
Abogado / Lawyer
Málaga / Costa del Sol
jmsalfonso@inicia.es

[flw]

If you plan not to move into the property in the near future, you can withhold a sum of money equivalent to several month’s rent as suggested in http://www.marbella-lawyers.com/index/questions/showQuestion/22 .

By doing this you are covered in the event the seller doesn’t want to vacate the property. For how long the seller is allowed to stay in the property should be agreed at the notary (in writing) before you sign the deeds.

[Author]

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