Seller drops out. What are my rights?

You make an offer to buy a property in Spain. You agree on the price and payment terms were agreed. This is all confirmed via e-mail. But then the seller goes back on his word and the sale does not go through. What are your rights as a buyer?

Read more about the buying process in Spain.

Vendor drops out for reservation

If the seller cancels the sale before a reservation contract or compromise was signed, there is not much you can do. In principle, you could argue that the seller has accepted your offer and therefore there is an agreement.

The question is how to enforce this agreement. Taking the sellers to a Spanish court makes little sense. Not only is the success rate low, often the sellers are also foreigners, so the process will cost a lot of energy and money. The cake is not worth the cabbage.

Read more about the reservation contract.

Vendor drops out after booking

If you have signed a reservation contract and deposited an initial deposit, the seller is obliged to take the property off the market. This means the property may no longer be advertised and no more viewings may take place.

If the seller changes its mind after this - which is unusual - you are at least entitled to a refund of the deposit paid. The concrete compensation is stated in the reservation contract.

Read more about the payment method of purchasing a residence in Spain.

Seller drops out after compromise

The compromise is the binding purchase-sale agreement. After signing the compromise, you will pay 10% of the purchase price (less the initial deposit). If for some reason the seller still does not want to sell, he is legally obliged to pay 20% of the purchase price as compensation. So at this stage of the buying process, it is unusual that the sale will still halt.

What if the buyer cancels the sale because of a mis-selling?

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