The best way to insure yourself is by not handing over possession of the property until you have been paid. There is a very convenient mechanism for the seller that can be agreed upon in the contracts: (i) I receive an advance payment; (ii) we agree on a conventional penalty; (iii) if the buyer fails...Read More
The best tool is: sharpen your senses, and above all, your common sense. Unfortunately it happens that a fake ID is not detected by the controls of a notary’s office. Life experience is full of stories in which X impersonates A, and sells his property to C. What can you do to avoid this? Tips...Read More
Possession is a matter of “fact”. Therefore, the only way to take care of it is through “de facto” (actions), not through “de jure” ones (contracts or agreements). If someone enters your property, or the property in which you have the right of possession, of course you have legal actions to recover the possession. But...Read More
Possession can be transferred to the buyer when the parties agree to do so. And it is reasonable that possession is passed to the buyer as soon as the buyer has paid a significant amount of the price. A lawsuit aimed at obtaining possession of a property is significantly more problematic than a lawsuit aimed...Read More
You have a problem. That is why the ideal thing is that before acquiring a property, you check the situation that the property keeps. The ideal document to analyze it is the certificate of freedom of encumbrance. There you will find if there is any limitation, seizure, mortgage, or annotation of judgment. In order to...Read More
It does not provide sufficient security. Just protecting your property in a private purchase contract implies several risks: 1 That someone else may seize it for debts owed by your seller. As long as the property is not deeded in your favor, it remains in the public registry in the seller’s name. And if there...Read More
The public property registry (It´s the institute that is in charge of registering legal acts relating to real estate). If there is a dispute between the owner before the land registry office and the cadastre office, the latter’s decision will be applied. However, this does not mean that it is no longer important to verify...Read More