lynnxa

yes you're right - it does of course depend upon what is in the contract - although 10% is 'usual'

the tenants/are clearly claiming something - either they have denounced the OP for the return of some of the deposit or are still claiming to be in the process of buying it

whatever it is, I guess will only be known when this 'paper' appears

twistedmelon

Good point. There usually is a compra venta drawn up before any sale laying out the terms etc, including what deposit was agreed.
However that will not solve your problem. It seems to me that you have limited choices, which is to repay the 80k and get your house back or take a knock and cut and run if you are unable to raise the 80k.
To be honest the courts will be on their side not yours, even though they did not meet the final payment deadline you are only legally entitled to 10% .
I do feel for you but then I also have sympathy for the buyers who are 99k down. You both made a pigs ear of things and can only suggest you try to reach some sort of compromise with them, it could be a very long and expensive legal fight.
Forgot to add it is usually 10% of the agreed deposit not the sale price which would mean you would owe them 89k.

Veleta

I don't think this 10% that is being mentioned is standard at all. At least not on a national level. For example, around here a standard deposit is a fixed €6000 for a cheapish property and it then seems to go up in steps of €6000 (the good old millones de pesetas) as the value of the property increases.

A deposit can be any amount you want it to be from nothing at all right up to the full whack if you are so inclined. It all depends on what is written in your contract.......so check.

twistedmelon

Assumed it was a national thing.
The 10% of the deposit is the forfeit fee if either side pulls out of the compra venta.....well round here that is.

megmet

No it's obviously not a national thing.
Around here the deposit is 3000€ and is not returnable if they pull out, if the vendor pulls out they have to pay double the deposit.

lynnxa

I thought it was pretty standard/national too

should have known better - nothing is the same from region to region in spain


either way - nearly 50%of the purchase price is a ridiculous amount for the purchaser to lose if something goes wrong, as it seems to have done

equally, since the OP seems sure that it was a full, non-returnable deposit, 99K€ (or even most of that) is a ridiculous amount for her to have to find if indeed that turns out to be the problem

patrecia

Thank you to you all for your views, maybe one day it will get sorted.My lawyer has great hopes of not even paying one penny back to purchasers and although that would be nice..it would not be fair. I know that they are entitled to some of it but from what I may owe them will be deducted £6000 per annum for unpaid rent..damage to property..my expenses in travelling to Spain for the hearing which did not happen and if possible legal fees.

All I want is fair justice

Patrecia

busters mum

just reading through this and wondered, had the other party in this dispute posted on here,what the advice and comments would be,

patrecia

Now that would make interesting reading.

I am not asking 'for the earth' I just want justice and to get my house back. having said that..houses are not selling like hot cakes at the moment so looking at the situation in a positive way, I shall regard them as ' caretakers of my property' until the law sorts it all out.
But as someone has said before..This situation should never have arisen and had I taken action when the remainder of the cash was not forthcoming..I would not be in the pickle I am now.

HANDS UP! Who is the stupid person? ME

busters mum

Exactly what i thought !

twistedmelon

You could have left the word "obviously" out of that sentence

twistedmelon

I've lost count of the times I've been stupid

I hope it all gets resolved with a happy ending for all.

patrecia

Thanks for your support.. I will let you know about the Denuncia, when and if it is discovered.
My lawyer has it all in hand and I suppose she knows what she is doing.
I know what I want her to do but she tells me to be patient!

ME of all people 'patient' never in a millon !

megmet

I hope that's not a Spanish lawyer!

anonimouse

This is why buyers should NEVER have the keys until all money is paid under any circumstances.