Therefore, the sale of a property with deferred payment may be a solution to such a lack of economic capacity of the buyer at the time of the formalization of the purchase. B. The agreement by which the parties give the character of the condition of expression to the non-payment of the deferred price is expressed. A deferred sale is an alternative solution that has many advantages over a traditional sale. If you have little or no equity in your property (i.e. the amount of your mortgage is similar to the value of your property) or if you do not need to receive all the money immediately, this type of sale could allow you to get a much higher price which, in many cases, could be more than the open market value. And we can still offer the sale very quickly if necessary. The basic idea is that we are committed to buying your property at an agreed price and exchange contracts. We will then complete the purchase within a number of years. During the period between the conclusion of the contract and the conclusion of the sale, it would be as if the property had actually been sold. We would use the property and would be responsible for paying your existing mortgage and all other property-related costs.

The practical effects of this type of sale for you would be exactly the same, as if you had sold your property immediately. Depending on the amount of equity in your property, we can pay some or all of the money in advance or for any amount that can be paid later, we would pay you interest on the money owed. In short, and as far as the merits of the case are concerned, although prima facie, it may seem that in times of economic difficulty, making a purchase with deferred payment, although it may be a very intelligent option, if the guarantees are not entered as an expressly binding condition in the real estate register, the consequences of the eventual failure of the buyer can be very painful and , in the end, a senseless state affair. For this reason, it is important to be properly advised by a legal advisor, or if we go directly to a real estate agency, make sure that it has a competent, attentive and accessible legal service; especially when it comes to making probably the biggest investment of your life. However, there are cases where it is not possible to register this condition at the same time as the deed of sale, not because of a legal impossibility, but because of an objective condition. This often happens when the bank has granted a mortgage to the buyer, but it does not reach the amount needed to satisfy the price of the property, so that it is in turn the seller who gives in to a deferred payment of the balance until the agreed price is reached. However, in this case, it is unlikely that the bank will accept the inclusion of a resolved condition in the event of non-payment of the deferred price between the buyer and the seller, precisely because it has not granted a higher mortgage, as it considers that the purchaser has no economic capacity to deal with it. However, in this case, and since the seller does not wish to lower the agreed price and under the counterhendi ius or the right to negotiate or agree, a private debt repayment contract can still be concluded between the buyer and the seller, in which a detailed and guaranteed payment schedule is provided, if necessary, even in the event of a change.