Second home
“You can not pay off your second home and want to recoup some of the money”
“I am paying a flat and second homes. Because job loss of my husband, our revenues have been reduced drastically. I have to pay the mortgage on my first home and I’ve negotiated more years to reduce this share. The apartment I have given enough money. Soon I will have to deliver 11,000 euros plus VAT. I can not deal with payments and have to leave. “I can recover at least some of the money remitted to lose it all?”
In one of the clauses of the private contract signed by the affected person indicates that a case of violating any of the terms representing part of the deferred price, the seller can choose to claim the buyer to pay the outstanding installments or opt for the resolution the contract. If, as in the case described, the most feasible option is to terminate the business contract, the seller, upon receiving the explanations of the economic circumstances of the buyer would have to send the affected person or request a fax bureau attorney notifying the end of the contract.
And for that event, the contract states that the seller will retain 50% of the amounts you have received on account, with limit equal to 10% of the total price of the property, subject to later be fixed by the courts other amount . For the negotiations may request mediation of an Office of Consumer Affairs. It is advisable to reach a settlement agreement in writing that the seller give up going to other avenues, judicial or arbitration, to claim damages beyond the contractually agreed.
If the contract includes, as is the case, a clause limiting to a specific arbitral tribunal to resolve any controversy or dispute arising between the parties, it can be argued invalid by application of the Consumer Act and propose, with the advice Office of consumption, a consumer arbitration or even litigation. Consumer Arbitration is free and no lawyer or attorney is required, but may be of interest to hire a lawyer who, in any case, you are asked prior estimate of their fees to negotiate and reach a written agreement for repayment of amounts and avoid a trial.