How can a Tenerife property with usufruct turn totally sour?

Usually, the Tenerife property deal I will tell you about is hushed up.

People are ashamed to talk about matters where they have been taken for a ride.

What about it?

Too good to be true

• A very elderly lady sold friends of mine a luxury villa.
• The lady did not reveal all of the strings attached to it, before selling.
• She handed over this particular real estate cheap without showing her real motives for doing so.
• She knew that the buyers bought the villa to use only for winter vacations.
• Hence, the buying party would never be living in Tenerife all the time.

Usufruct was the string which was attached

• The lady of advanced age could stay on (by usufruct) in the Tenerife property.
• No word about caring for her by the buyers was taken down in the contract.
• My friends insist that this had never ever been mentioned by the old lady, verbally, either.

Personal caring was out of question

It would have been impossible for the new owners to look after her on a permanent basis.

Also, they were neither qualified nor physically able for personal care of elderly people. The former villa owner knew all that.

Property with a catch

The fact that the elderly lady would stay on living in the estate was one reason to justify the bargain property sale's price. The other was friendship.

The deal went through, the money was transferred and all papers were signed. The new landlords went back overseas. They would start renovating in the following winter.

One year later

• 12 months later, long time after the deed of sale was signed my friends returned to Tenerife to spend winter on the island. They had just about arrived when the elderly lady became frail.
• Now, she insisted that my friends look after her 24 hours a day. No, she did not want them to arrange for a "professional carer".

This is where I was involved by helping to find a professional carer. The elderly lady didn't even want to discuss this and slammed the phone down while my friends tried to speak to her in my presence. I could listen in.

Petition to cancel property sale at court

Now, the elderly lady disputed the whole Tenerife property sale by stating that she had been mislead by the buyers to sell cheap. She demanded cancellation of property sale of the villa.

Uncertainty and worries

Anyway, "spoiling other people's peace of mind, winter holidays and, causing sleepless nights is bad enough.
Making them start to hate a holiday home in Tenerife sounds far fetched, but it got as bad as that.

Even worse, the buyer started to say that he didn't like Tenerife any more.

My lady friend was not only unhappy by her purchased property, but also by its pending Court case set into motion by a woman she had seen as a good friend.

Elderly lady not trustworthy

The elderly lady uttered strange things in court too often. She even said that the buyers had to go to their home country to apply for a mortgage.

She knew that they didn't need one. She had seen the deeds of sale which she signed as well.

  Dispute with Tenerife property sale solved

My friends won the case for the  property at the court of law.

However, the former lady owner of the property went into appeal.

Case won again

After a long time, justice was spoken again but it had become a costly venture.

You will hear, why, just now...

A second appeal is not possible with this Tenerife property.

The ruling said that the elderly lady was in total control of her mental capabilities and knew exactly what she was doing.

More so, she made herself untrustworthy by heavy contradicting statements, several times in Court. No property sale revocation rights were granted.

How bad can it get?

In March 2008 this lady of highly advanced aged locked up the villa where she still had the right to stay on and moved into an old age home. As she is near 100 years of age, this is causing problems for the buyers. Nobody is obliged to notify them, should the elderly lady pass away. There is no need to let her consulate know about such an event, either.

Usufruct property is taking its toll

The house is deteriorating, grass in the garden is growing high. Garage doors are rusting away, paint is pealing of this Tenerife property's windows, doors and walls. Mold is settling in many nooks of the building.

No law permits the title deed holders to do anything because, the elderly lady has 'usufruct' which means the right of using the property which in her case allows to return to it, although, she most probably would not be physically able to do so, now.

When will a solicitor assist most?
Of course, once real criminal property fraud in Tenerife has been committed... Have you heard of any Tenerife fraud cases?

However, judges classified the case with the lady who is now in a retirement home as straight forward dispute where all doubts could be easily cleared.

There are so many more incredible facts to this story of Tenerife property with strings attached. Unfortunately, I could not state them. The buyers don't want me to reveal more about it.

A good real estate solicitor would most probably have sniffed a hook and catch regarding the villa property deal with the elderly lady and would have thought of a clause or something to prevent the trouble reported.

By the way, no Tenerife real estate agent was involved in this deal.

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An English speaking fully registered solicitor in Tenerife John Hatrick of Tenerife Solicitors Call: (+34)922 717845 of from the UK 0871 2180063

Beware real property fraud

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Disclaimer: I am, of course, not responsible in case of any mistake made by any lawyer or solicitor! Nevertheless, I recommend strongly that you take the important step of seeking his advice when suspecting fraud.

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