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The vendor of my property does not want to leave the property he sold. As a buyer, what are my rights?

Property Law

Antonio Flores Vila

2nd of January 2000

Q. The seller of the property we purchased and us agreed at the Notary office that they would remain in possession of the property for 20 days after the signing of the deeds. The seller-tenant does not appear do be willing to vacate our house. I wonder how long will it take to evict him?

Jacques Fourret
Marbella

    A. It will take some time, and worst of all, it will cost you money if you do not take immediate action from the beginning. Your lawyer will have to sue the seller and ensure with the aid of the tribunal that restitution of legal fees as well as recovery by way of damages is possible. Don´t forget that the 'tenant' in this case has not left a deposit and he may well take a flight on the day before the sentence is passed with the eviction order, after three months, after the legal expenses you have incurred in and the loss of profit for not having been able to rent out the property, or even worst, rentals you have had to pay since you had no property.

    Where the seller is to remain in the property after you have purchased, make sure you withhold a sum of money equivalent to at least four months rent on a similar property, which should include your lawyer´s fees.

    If the tenant vacates on schedule, you duly refund the amount.



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