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Thread: Spanish property sale

  1. #1
    Junior Member
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    Jul 2017
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    Bournemouth UK
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    Question Spanish property sale

    Good day to you all,
    My question comes to this forum from an unusual situation, My father died 22 years ago without making a will (foolish), his property here ended up in the hands of his former partner having her name on the mortgage but having left him already prior to his death (grrr). Ok that's history, he also owned a Spanish apartment which, thanks to Spanish law, remains partially owned (50%) by myself and my brother.
    Neither of us has ever visited the property and I am struggling to remember where it is situated in Spain. I have now had a message from my fathers former partner stating that the property is rarely used and that it would be prudent to sell it. The proposal is that the costs and the value should be shared, which is agreeable. The message states that the partner has spoken to a solicitor who can handle the sale but needs my power of attorney to do so, not wishing to get conned or ripped off I would like to ask if this is the usual protocol for sale of property in Spanish law?
    No meetings or agreements, verbal or otherwise have been entered into as of yet and I would like to enter these with some knowledge from people of experience.
    Any advice is gratefully received even if its just go and pay for it with ..............Solicitor A or solicitor B

    Thanks in advance
    Chris

  2. #2

    Default

    Hello

    You can both share the same lawyer, as long as there isn’t any conflict of interest between you and your father´s ex-partner.

    It is quite usual for foreigners living outside Spain, to grant a POA to a solicitor that can represent them in the transaction, but it is not mandatory; you can appear in person at the Notary in Spain.

    We recommend you to ask the lawyer to keep you informed of all the steps he takes and that nothing is agreed or signed without your previous consent and authorization.

    If you do not trust the lawyer your father´s ex-partner has chosen or you just don´t trust her, you should consider hiring another lawyer for you that is able to work hand in hand with her lawyer.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  3. #3
    Junior Member
    Join Date
    Jul 2017
    Location
    Bournemouth UK
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    Default

    Hello Patricia,

    A whole year later and this is not resolved. I have just heard from my father's ex partner and they are going to go to the apartment this week and intend to try and get it put onto the market.

    I am trying to make sure that myself and my brother do not end up in a situation where we can be left with nothing, a discussion has been had about appearing in front of the Notary in person. Could you or anyone else enlighten me with whet happens in this process? i.e. Would we all just be present, sign the sale of transfer document and then be paid via our own accounts?

    What I'm trying to avoid is the funds being put into one persons account and then having to trust the account holder to divide it correctly, there is no trust at all between myself and my fathers ex-partner so this cannot happen.

    Thanks in advance
    Chris

  4. #4

    Default

    Your brother and yourself can't be forced to wait for a third party to receive the funds and distribute them. You can be handed a check in your name when you go to the Notary and then another one in your brother´s name for the amounts owed to each of you. If you don’t have a Spanish bank account you can ask the buyer to transfer the amounts to your bank accounts in your home country, but the buyer will certainly want to wait until the purchase deeds have been signed before he can send the transfers, and this entails certain risks for you. The buyer will retain a 3% from your share amount, on account of he Capital Gains Tax, as well as another amount for the Plusvalia.

    We strongly recommend you to appoint a lawyer or someone you fully trust to deal with this transaction.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  5. #5
    Junior Member
    Join Date
    Jul 2017
    Location
    Bournemouth UK
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    Default

    Thank you for your reply Patricia,

    Could you recommend someone to us? Would your company be able to act on our behalf?

  6. #6

    Default

    Hello Chris

    Please contact us by email and we will let you know how we can assist in this matter.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  7. #7
    Junior Member
    Join Date
    Jul 2017
    Location
    Bournemouth UK
    Posts
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    Default

    Hello Patricia,

    I have emailed Lawbird twice without reply, can somebody assist on this?

    Chris

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