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Thread: Worried, doing the right thing, help needed!

  1. #1
    Junior Member
    Join Date
    May 2019
    Location
    Cheshire
    Posts
    1

    Default Worried, doing the right thing, help needed!

    Good Afternoon.

    What would happen if a seller dies before completion?
    We understand pressure had been applied to my Mum who was trying to sell her property worth 30 to 40,000Euros for 10,000.
    It is alleged there has been a 500 euro good will gesture payment towards a balance to be paid on a completion date of 31st May.
    Is the contract valid, or does this property revert back to the family as willed as all her worldly possessions, or does the contract go ahead?
    We have seen a copy of this contract, when we were clearing out her apartment which appears to be very flimsy, there is no witness, detail or signature, just the SELLER MY Mum, and the buyer.
    There was no mention or detail of it when we had a meeting with our Spanish solicitor, as this was uncovered when we returned to England. How likely is this document to appear at the 11th hour? Can you or the forum advise on
    steps to be taken to stay ahead of the game?
    Thanks in advance.

  2. #2

    Default

    Hello Steward,

    If the contract is real; that is, that your mother signed it and agreed to that deal, it is certainly valid. However, in order to complete the transaction, the buyer must obtain the heirsī signature. The heirs can oppose if they consider the sale was agreed under duress, taking advantage of state of necessity or dementia from your mother, as the agreed price is well below the market price. If the heirs can prove that before the judge in a court claim, the contract would be rendered void. If they fail to prove it, they must sale the property to the buyer at the price your mother agreed. If the contract does not bear your motherīs signature, the buyer will find it more difficult to prove he had a solid agreement with your mother.

    Regards,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

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