You have found a property, made preparations and perhaps already paid a deposit. But as the signing date approaches, a problem arises: documents are missing, the seller needs more time or the terms are different from those you agreed. You want to go ahead, but you need to understand what you are accepting before committing more money. At EXLEGEBCN, a law firm in Barcelona, we examine these situations and assess the options for negotiating a solution.
When a purchase runs into problems at the last minute
A delay does not always mean the transaction will fall through. Sometimes a condition needs clarifying or a new date can be agreed. In other cases, the problem affects the price, the handover of the property or the safeguards you need before buying. These are some situations worth reviewing before you proceed:
- The seller requests an additional payment that was not agreed.
- Documents are missing or information differs from what you were told.
- Charges or debts affecting the property need to be clarified.
- Financing is delayed and the agreed deadline is approaching.
- The property will not be vacant or available when expected.
- You are asked to accept changes to the contract shortly before signing.
The right response depends on what has already been signed and the circumstances of the transaction. Before accepting changes, it is worth reviewing the reservation agreement, the arras deposit agreement, payment records and communications between the parties.
What can be negotiated before completing the purchase?
The first step is to identify what you need in order to proceed. You may need more time, outstanding documents or assurance that a problem will be resolved before you make the final payment. Depending on the case, negotiations may cover:
- A new signing date and the terms of an extension.
- How outstanding charges or other issues will be resolved.
- Who pays costs that are in dispute.
- The date and conditions for handing over the property.
- The safeguards needed before accepting a change.
- An agreed exit if the purchase is no longer viable.
For example, if the seller needs more time to hand over the keys, agreeing a new date may be only part of the solution. Their obligations and the consequences of another delay also need to be clearly set out. A useful negotiation leads to clear terms that are properly documented. Promises to “sort it out later” can leave the very issue that worries you most unresolved.
What if you have already signed an arras agreement or paid money?
Making a payment does not mean you have to accept every proposed change. Equally, you should not assume that you can cancel the purchase and recover everything you have paid. The contract, deadlines and reasons for the disagreement need to be examined. That information helps assess whether to seek compliance with the agreed terms, negotiate different conditions or explore an exit.
If a deadline is approaching, mention it when you first contact the firm. The time available affects your options and how negotiations should be approached.
How our law firm in Barcelona can help
At EXLEGEBCN, we start by listening to what has happened and what you need to achieve. We review the documents and explain your options, the risks and the points worth negotiating. Within the agreed scope of our instructions, we can approach the other party or their representatives, put forward proposals and prepare documents recording any agreement reached.
We also assess whether continuing with the transaction makes sense. You may still want the property, but the new terms need to be acceptable to you. If there is no room for agreement, you need to understand the alternatives before deciding.
What you need in order to proceed with the purchase
Before discussing terms with the other party, decide what is essential and where you are willing to compromise. You might accept a new date but need a charge on the property to be cleared before the final payment. Tell the firm your priorities and the conditions you are not prepared to accept, so that any proposals reflect what you actually need.
What to prepare for your consultation
Gather the reservation or arras agreement, payment records, the available property documents and messages relating to the problem. Include any new proposal you have received and tell us the planned signing date. You do not need to know the legal solution in advance. Explain what has changed, what concerns you and whether you want to continue with the purchase or explore an exit.
Find out about our property purchase contract service.
Has your property purchase run into difficulties? Contact EXLEGEBCN, a law firm in Barcelona, to assess your situation and the scope for negotiation before signing or paying more money.