03 Oct 2008 12:38 PM:
TRT,
One of the lawyers on the forum could correct me if I’m wrong but I don’t think an embargo should stop a buyer from completing, if anything it might be the opposite.
Say there is a property for sale for 150k but there is an embargo on the property of 50k. I think it means that AIFOS can’t get their hands on money until embargo is settled. I think what happens is that when the sale closes, the buyer gets their property, all the money goes to the court, the embargo gets paid and the balance goes to AIFOS.
The thing is if there is a charge or embargo of 145k, then there is not much motivation for AIFOS to complete the deal. Instead they might try the AIFOS trick of offering you a different property as they have loads they can’t shift (for more money of course).
The proposed buyer should talk to their independent Spanish lawyer to determine the best course of action. If they have already paid substantial down payments then they should try and force completion of the deal. Unlike others, at least they are in the position that their property is actually built.
What may be of more concern for the buyer is if the embargo holder goes to court for a forced sale (either taking the property themselves or putting it up for auction). The buyer could then be left with nothing and would then have to go to court themselves if AIFOS don’t deliver an alternative property. As I said they should talk to their lawyer.
Community thread:
Habitation license for Terrazas de Torreblanca
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