We advised our client in the sale of its property located in the district of Miraflores, in favor of the company Viviendas del Perú S.A.C.
The particularity of this transaction was that the property was occupied by third parties (Patricia Villanueva and her associations – PV) without any current legal title. Patricia Villanueva’s relationship with our client arose from a loan agreement signed in 2003 by which PV managed the property for operating a lodging. After more than 20 years PV confused the contractual relationship with our client and attributed property rights that did not correspond to her. After years of litigation, we were able to achieve an out-of-court transaction in which PV undertook to vacate the property.
Considering that the property was in the possession of PV, our client and Viviendas del Peú S.A.C. agreed to sign an option contract, so that Viviendas del Perú S.A.C. in its capacity as an opting party exercised the option once various preceding conditions had been met, among which was the vacancy of the property by PV and the legal entities. It should be noted that, in the option contract, PV intervene, in order to recognize our client as the legitimate owner of the property and committing to vacate the property before exercising the option.
