Annabel Grossman
A BRITISH pensioner has lost her battle to prevent an embargo being slapped on her UK home over a defunct property deal.
In a ruling that could have a widespread impact on British property owners in Spain, a Spanish court ruled that Joan Deak was responsible for the fact that a developer did not finish a property she had paid a deposit for.
Deak has used the original agent she had bought the property through Palmera Properties to sell the unfinished home on to a Spanish buyer.
But now a judge has ruled she must return the €25,000 the Spanish buyer paid her, despite her not being responsible for the house’s construction.
She has also been ordered to pay his costs, which could amount to tens of thousands more.
As the Olive Press reported last month, she now faces having her three bedroom London house embargoed in order to recoup the money.
She insists she does not have the money to appeal the hearing.
“It is incredible. I am being sued over a house that was never delivered by the developer and builder,” she said.
“This result means that anybody who has sold an option via Palmera Properties,or any other agent for that matter, can be successfully sued by the buyer.
“I believe this result sets a precedent for others to follow!”.
By selling on her contract she assumed the vicarious liability when the construction did not take place . An example of poor legal advice at the time of selling on the contract.
Lou, I´m not actually sure that her actions were based on legal advice. I don´t see that anywhere in the article.
However, I accept that you may have access to information that I don´t. What I see is someone who acted unwisely in the circumstances.
I certainly wouldn´t have sold the property, either in Spain or in the UK, without getting qualified and neutral legal advice first.
This why I will not buy. Although there are two sides to each story and it always seems to be the spanish side that is wrong. Just looked at a nice property this week, nice price, what spoiled it dodgy brit estate agent. With is qualified advice and 10 years experience, I would have preferred to buy from Ronald Biggs. Thought these people had long gone. Easer to £5000 a year rent, ten years £50,000 that is what your family would have to pay in death duties, so nothing lost and no ending up with a defunct Spanish property