Buying a house problems
 

We made an offer on a property consisting of 2 town houses joined together, one consists of 2 seperate apartments and with a common entry to both houses.

They both have quite large extensions bult over old donkey stables and with patio space and balconies.

The agent originally said the as bult area was 600 sq m but later ammended that to 322 sq m effectively ommitting the extensions.

We cannot get anyone, lawyer, seller or agent, to tell us if the build is legal, all we are told is to change the escatura once we have bought the property. My fear is that once we buy then apply to change the escatura we will be in trouble with the town hall. I add that the property has been on the market for 3 years and the agent is really pressing for the 10% deposit without any paperwork or contract, she says if there is a problem we can get our money back:rofl:

I smell a rat but wifey is pushing to buy as agent is her "friend".

Any advice will be gratefully received.

Re: Buying a house problems
 

Walk away!

The theory is that your deposit is refundable if the seller pulls out, and supposedly you are entitled to twice the amount back. If you pull out, you will lose the deposit. Court cases can take years to resolve.

Re: Buying a house problems
 

walk away

There are plenty of other properties around that won't have this sort of baggage.

Valenciatim: strewth! your reply came in while I was writing mine. Great minds think alike, eh?

Re: Buying a house problems
 

ditto the above......not even worth considering....course the agent will be your "friend" they will be earning X commission if they sell the place to you

go with your instinct !!!!

Re: Buying a house problems
 

Or, if your wife is really pushing for this property, tell them that you are perfectly willing to puchase and pay a deposit but only AFTER they have amended the escritura & legalised the property themselves. It's not fair of them to dump this on you, the purchaser.

You could even get a contract drawn up to this effect.....eg, the vendor has say, 6 months (or whatever it takes), to legalise the property and get the escritura amended & you commit to buy once this is done. If they fail to do so within the alloted time the contract is null and void and you look elsewhere.

If you are specifically looking for a country property, and this one sounds like it is, you will find that most of them are absolutly riddled with legal issues. This house just sounds pretty typical, certainly not the exception to the rule.

Re: Buying a house problems
 

Walk away.

Its a buyers market.

There are plenty around and seeing your dream home being demolished is not good.

Re: Buying a house problems
 

Dont give em a bean until the paper work is squeaky clean, make it the resposibility of the vendor to register the extensions ,if you dont I guarantee it will all end in tears.

I recently purchased a cortijo and the house was not registered ,my lawyer made it a condition that the vendor sorted it.

As for 10 % deposit tell them to stuff it,this only done by nieve foriegneers and is totally unnecessary ,only pay 1k (this is enough to prove you are serious) and tell them to meet you in the notarys office for the rest ,this way you cant loose more than 1k!!
If they are not happy walk, there`s thousands of bargains around.

DONT BECOME ANOTHER RIPPED OFF GIRI !!!

Rgds

Rotor

Re: Buying a house problems
 

All good advice.
I've been involved in similar cases myself and although tempted because I was keen on the property and the price was right I walked away because the paperwork was not right.
Sometimes found out the truth much later after keeping an eye on things for a while.
One of them didnt even have an escritura.
Two of them were in dispute over land and property ownership.
You are right to smell a rat.
Definitely walk away.

Re: Buying a house problems
 

if the contract is done properly and you pay 10% at least it protects you from being guzumped....as there should be a clause that if the vendor pulls out they have to pay you double the deposit back.....if you only pay 1000 and they get a better offer whats to stop them just paying you the 2000 and going with the higher offer ?

I know probably in this market its unlikely bu you never know

Re: Buying a house problems
 

Who would gazummp on a property with incorrect paperwork:rofl:

Walk away quickly and find another agent who doesn't sell with incorrect papers!

Re: Buying a house problems
 

Rubbish , if the agent is dodgy (most are) and decides not to return your deposit what are you going to do? it can take over six years to get a result in Spainish courts,and if the agent looses the case and pleads poverty youve spent thousands on lawyers fees for nothing ,I`m talking from experience not what I`ve heard in the pub ,guzumping in this economic climate? I dont think so .

1k is enough to show your serious , if you dont turn up at the notarys the agent has won a grand and serves you right for messing them around , if they dont turn up you can try and get your money back but be prepared to wait a very long time, loosing 1k is not nice but its not life changing where as 10% of say 400k...................

Rgds

Rotor

Re: Buying a house problems
 

I don't like the sound of it at all, I'm afraid.
The words "barge" and "pole" come to mind.
Keep your money safe ! There will be other properties in time.

Re: Buying a house problems
 

the same kind of person that would consider buying without the correct paperwork !

Re: Buying a house problems
 

fair point..suppose it depends who is holding the deposit

Re: Buying a house problems
 

From what I understand, if the extensions are illegal then the town hall can demand that the extensions be knocked down and / or a fine be levied, at least thats how it works here. As everyone here has said, its probably just not worth the risk, plus you may end up falling out with a "friend" over it.