Good abogado needed - Page 2

They don't deal with this sort of problem,I went there already....🙁

Rob

so to get this straight you gave 30k to someone who was renting someone else's property for the furniture and some fittings (which were not their's to sell) because you were going buy the property and then changed your mind about purchasing it and now can't get in to retrieve the furnishings you thought you had bought.   So the crux is that the owner of the property is in possession of your property and stuff that the renter left behind in the property which belongs to him.  So I would have though that you have no chance of getting anything as it is in his property and it would be up to him what happens to it.  if you had a contract or paid a deposit you might have some chance but you pulled out so you'd have lost the deposit anyway.  your only way forward to get any money back is to chase the guy who sold it to you but that will only be possible if you have some sort of bill of sale and inventory is not good enough.   me thinks you have lost that money and the other 6k you say he owes you. 

Err no,the renter owned all the furniture in the property, was nothing to do with the actual owner of the villa. So he's sitting fat and happy on my sofas,my televisions,my beds etc which I paid 30K for. The villa is probably illegal,he could never come up with the proper documentation for the building or the swimming pool. There was never a contract between him and me and I have a list of all the furniture and fittings from the renter handing them over to me. Tomorrow I am seeing an abogado to instigate proceeding to either have all of that handed over to me me or give me a monetary sum instead. The owner of the villa is still trying to sell it as a furnished villa with stuff that isn't his to sell.Seems there are so many rogues sadly living here in South East Andalucia......🙁

This sounds like a sorry tale Biggles.  Do you have a contract or any written evidence that explains what you have bought for €30k, and what does it say about the delivery of the items that you have bought?  If the agreement was that the seller was to leave the furniture in the villa on the presumption that you were going to buy the villa, then they have completed their side of the deal.  If they have failed to deliver the furniture to you as per the contract then you could have a claim against them.     

It is difficult to see what claim you have against the owner of the property, since he was not party to your agreement with the seller of the furniture.  Did you have any written agreement from the property owner that he would allow you access to remove the furniture without first buying the property from him?  If so you could try to enforce that, but otherwise you can only ask him nicely if you can have the furnishings back, indeed offer to pay him something for them, but it sounds as though your relationship with him is not up to that sort of discussion.

I would say your options are (1) to buy the villa as originally intended with the furnishings included (although that is throwing good money after bad if you don't want the villa), (2) to come to an amicable arrangement with the villa owner, or (3) to walk away.

I am not prepared to give away 30,000 euros to a dodgy villa owner so that he can endeavour to put it on the market at some 100,000 euros more than was negotiated. That the furniture and fittings are in this villa seems to be irrelevant.It is MY property. The owner was aware that I was and did buy the renter's stuff. I have a detailed itemised list signed by the renter but the owner will not let me remove it or compensate me with owner. You don't buy a car off someone and then refuse to give them the ignition keys and keep driving it...this is exactly the same surely? Going to see an abogado this evening who is likely to be more Pro active than the last one who just smiled at you but effectively did sod all......

You don't buy a car off someone and then refuse to give them the ignition keys and keep driving it...this is exactly the same surely?

It's not quite the same.  As I understand it you bought the car from person A.  The car is securely parked in a locked compound owned by person B.  You agreed that person A should give the keys to person B, but there is no agreement in place under which person B is obliged to release the car.  

I really hope the abogado will help you.  I would just suggest that you be sure that the villa owner has a clear, evidenced legal obligation to you (not just a moral one) before you incur further costs.

Fully agree with the Brief regarding Maria at Bourganvillers, bought our property through her, she is such a lovely lady, hard working and very thorough, would certainly make appointment to have a chat to her. Good luck.

Sorry if this seems unhelpful but I do not think you have any claim against the Villa owner

Your claim is just against the tenant whose furniture you bought, If it was in fact his to sell!

Regretably I think you have Zero chance of getting anything back through Spanish coirts. You might have some chance if yiu sue through the small claims court in UK.

The maximum claim in the Small Claims Court is only £10k.  The route is more expensive if you want to chase the full €30k.  But either way you need to be certain with whom you had a contract, and evidence that they have failed in their obligation.

Unfortunately I think Bob is right.   I am puzzled as to why you would hand over 30k without a notorized bill of sale or why you would buy the furniture before you bought the villa.