When a purchase and sale agreement in Colombia is breached and you are abroad, you can file a lawsuit to protect your rights.
What is considered a breach of a purchase agreement?
- The seller fails to deliver the property or asset within the agreed timeframe.
- The buyer fails to make the full payment.
- The delivered property or asset does not meet the agreed-upon conditions.
Required Documents
- Purchase and sale agreement: This is the primary legal evidence.
- Evidence of the breach: Emails, messages, or any written proof.
- Power of attorney: Authorizing a lawyer to represent you.
Steps to File a Lawsuit
- Hire an attorney in Colombia: They will review your case and provide expert guidance.
- Grant a power of attorney: This document must be notarized and, if required, apostilled.
- Gather the evidence: Provide your lawyer with all documents proving the breach.
- Filing the lawsuit: The attorney will formally file the claim with the competent judge.
- Hearing or conciliation: The judge will summon the parties to attempt to resolve the dispute.
Common Legal Remedies
- Specific performance (enforced fulfillment of the contract).
- Contract rescission and refund of the money paid.
- Compensation for damages.
Advantages of Taking Legal Action from Abroad
- You do not need to interrupt your daily routine to travel.
- Your attorney can negotiate on your behalf to seek a prompt resolution.
- You protect your investment and assets without delay.
