I知 in the process of buying, but no habitation or licence for pool

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I知 in the process of buying, but no habitation or licence for pool


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Old 12th August 2019, 01:27 PM
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Default I知 in the process of buying, but no habitation or licence for pool

I知 in the process of buying but there is a list of things outstanding which only came up once sitting in front of my lawyer. It seems the sellers previous lawyer hadn稚 done some things correctly, I知 being told.
There is no current habitation certificate.
Land is in two parts and needs to be joined.
Pool has no licence.

I致e been told all the above has to be done by the sellers and at their cost, they can not sign contract or receive any funds until the above outstanding issues have been resolved.

I have given a deposit to my lawyer but this has not been passed to the sellers regarding the above issues.

The agent and my lawyer says this is not a problem, the lawyer said they can get all these things done.
The contract does state all the above issues have to be rectified by the sellers before funds will be handed over etc.
But I have been asked to sign the contract now, I haven't yet as it needs some amendments anyway.


I had to change from a previous lawyer, too many mistakes, bad communication etc, but I知 breaking my rule by rushing things and also using a lawyer suggested to me by an agent.

Any thoughts on the above issues and what I really need to be very careful on checking with paperwork, licences etc would be helpful.

Thank you.

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Old 12th August 2019, 04:56 PM
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Hola

You don't say where you are buying; in my area (C疆iz) that would be the normal state of affairs and no one turns a hair at illegal properties without any licenses.

However, in some areas you should have walked away already as you are most certainly buying problems (which is not what you came to Spain for)

Davexf

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Old 12th August 2019, 05:14 PM
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Hola

You don't say where you are buying; in my area (C疆iz) that would be the normal state of affairs and no one turns a hair at illegal properties without any licenses.

However, in some areas you should have walked away already as you are most certainly buying problems (which is not what you came to Spain for)

Davexf
Thanx for the reply Davexf
It's in Castilla-La Mancha
The agent and the Lawyer seem very relaxed about it, I am of course not.

I may well be laying a bed of thorns for myself, but I have stated I will not go ahead if it's not 100% legal.
I have in writing from the lawyer it will be legal in every way.
When for me is the issue as things are moving fast and the whole area seems shut for business for August, so how it will be done for the end of this month I can't see how!

I've asked for clarification on whether there was habitation cert in place previously and it hasn't perhaps been renewed after some changes made to the property.

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Old 13th August 2019, 05:08 AM
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Very normal here as well, the caveat being that the contract also states that all must be done by completion AND in the event this is not done, double the deposit is returned to the buyer. The key is do not complete unless all is legalised.

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Old 13th August 2019, 06:57 AM
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Very normal here as well, the caveat being that the contract also states that all must be done by completion AND in the event this is not done, double the deposit is returned to the buyer. The key is do not complete unless all is legalised.
Thanx for the reply Megsmum

I'm just looking at the contract now and it does state that but probably not as clearly as I would like.
It states the date for completion which can be adjusted if both parties agree, but it doesn't seem very clear on the cut off date if the seller hasn't got all the paperwork done for the property.

"In the case that the final deeds of the property have not been signed on the date established in the previous clause, for responsibility of the buyers, the vendor will communicate by notary document to the buyer to complete, and, if the buyer does not attend this communication will lose the amounts already handed over, and this amount will be for the vendor.
And if the vendors do not fulfil with the obligations stipulated in this contract, the buyers will have the option to cancel the contract. In this case, the vendors will refund the buyers the full amount of the amounts received by this contract by duplicate. "


The bit that seems to conflict is when it says the remaining funds are due at the time of signing of the title deed, being established (around two weeks after the proposed completion date) is when time runs out for the seller and at that point I get a refund possibly!

It's stating there can be a delay if both parties agree, but two weeks later would already be a delay!

Apart from not as yet having any of the outstanding documents for house in place, how can I possibly go ahead and book movers and move lets say a day after the proposed completion date.
If I have no house to move into at the last minute it would be crazy, if I cancel at the last minute I would have to pay the movers for doing nothing.
The agent is saying I don't have to add any extra time on for my move, the day after completion is suggested!

A friend of mine says no way, get the keys and of course don't hand over any further funds until all paperwork in order, only then arrange movers etc

It will mean if doing things this way, I'll be a week or three later probably moving in after completion, but it seems more logical and sensible?

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Old 13th August 2019, 06:58 AM
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Thanx for the reply Davexf
It's in Castilla-La Mancha
The agent and the Lawyer seem very relaxed about it, I am of course not.

I may well be laying a bed of thorns for myself, but I have stated I will not go ahead if it's not 100% legal.
I have in writing from the lawyer it will be legal in every way.
When for me is the issue as things are moving fast and the whole area seems shut for business for August, so how it will be done for the end of this month I can't see how!

I've asked for clarification on whether there was habitation cert in place previously and it hasn't perhaps been renewed after some changes made to the property.
I know nothing about your area, but very much agree with Davexf that
Quote:
in some areas you should have walked away already as you are most certainly buying problems (which is not what you came to Spain for)
In fact I don't think it's a good idea in any area. It's the kind of thing that will come back and bite you in the bum, most likely in the form of a fine 1,2,10, or 15 years down the line.

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Old 13th August 2019, 09:33 AM
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I know nothing about your area, but very much agree with Davexf that

In fact I don't think it's a good idea in any area. It's the kind of thing that will come back and bite you in the bum, most likely in the form of a fine 1,2,10, or 15 years down the line.
Thanx Pesky Wesky for the reply.

This isn't how I intended to do things, I've been looking for such a very long time. I still may walk away, but it will be a hard choice either way.
I think if the agent was upfront about things from the start then I wouldn't have looked at it, not sure if they new or not, my gut feeling tels me they new, but maybe not everything.

That being said I'm going to see if all the paperwork is in order before I hand over a signed contract or any funds.

The contract is clear in regards to the sellers responsibility "Municipal Tax on the Increased Value Property (Plus Vala), Ibi 2019, the update of the buildings not declared etc etc"

Also "The seller is committed prior to the signing of the deed of sale to legalize all buildings that have not been previously reported and any other action necessary in order to adapt the cadastral and the land registry description according with the physical reality of the property, granting the necessary deeds and processing the inscription in the Land Registry and the Cadastre."


BTW. I can see on current deed plan that everything seems to be listed in drawing and text! so what am I missing, it's confusing.
If the property or anything else didn't show up then it would be clear, but everything that should be on the plan is!

Are you saying even after all the paperwork is updated by the sellers before the purchase goes ahead and my lawyer says it's all in order I am still liable in some way for a fine at a later point in future?
If the deeds and any licences are correct and paid for by the sellers as stipulated in the contract prior to signing on completion day are you saying I'm still liable for a fine even though everything will be legal prior to me purchasing the property?
Should not the sellers be getting the fine when they update the deeds?

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Old 13th August 2019, 02:04 PM
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.
If I have no house to move into at the last minute it would be crazy, if I cancel at the last minute I would have to pay the movers for doing nothing.
The agent is saying I don't have to add any extra time on for my move, the day after completion is suggested!

A friend of mine says no way, get the keys and of course don't hand over any further funds until all paperwork in order, only then arrange movers etc

It will mean if doing things this way, I'll be a week or three later probably moving in after completion, but it seems more logical and sensible?


Is the house empty? A friend had a similar situation but got an agreement to rent the property until all the issues were resolved (it took over 12 months) but it was agreed in a contract that the monthly rent paid would be deducted from the asking price

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Old 13th August 2019, 02:20 PM
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.
Is the house empty? A friend had a similar situation but got an agreement to rent the property until all the issues were resolved (it took over 12 months) but it was agreed in a contract that the monthly rent paid would be deducted from the asking price
No, the house is not empty, the agent is suggesting I move in the following day.
The buyers are moving and far as I know are moving a day before I move in so it would seem the sale isn't a requirement, but I don't have that in writing as such.

The only thing the contract offers me is the refund of deposit if sellers fail to get the property fully legal, but if something were to go wrong or they pull out that would leave me a tad stranded with a bit of extra cash to burn but nowhere to live.

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Old 13th August 2019, 06:36 PM
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Thanx for the reply Davexf
It's in Castilla-La Mancha
The agent and the Lawyer seem very relaxed about it, I am of course not.

I may well be laying a bed of thorns for myself, but I have stated I will not go ahead if it's not 100% legal.
I have in writing from the lawyer it will be legal in every way.
When for me is the issue as things are moving fast and the whole area seems shut for business for August, so how it will be done for the end of this month I can't see how!

I've asked for clarification on whether there was habitation cert in place previously and it hasn't perhaps been renewed after some changes made to the property.
''The agent and the Lawyer seem very relaxed about it'',,,, of course they are they are the one making money off this deal.

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