patrecia

It seems that either me or my house has a denuncia against us. I only found this out recently. Apparently it is 2 years ago.
Can anyone tell me if, and how , I can find out about this online

mikelincs

Welcome to BE, I'm sure someone will be along soon with an official welcome, but can I suggest that you post this message in the Spain forum, there are a lot of very helpful people on there.

Rosemary

As Concierges for the Spanish section of BE we would like to say hello and welcome.

Will move your post into the Spain forum to save you re-typing it.

BE is a very large expat website, so if you have problems finding your way around we have concierges who will try to direct you. The moderators for the Spanish forums are Mitzyboy and Fred James, moderators are there to ensure that the site runs smoothly within the rules of BE. Problems and complaints should always be addressed to a moderador who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are friendly and helpful with a wealth of knowledge of the issues of living in Spain. At the top of the page you will find a quirkily named thread called Free Beer which is full of important and useful information. Hope you enjoy your time participating in the forums.

Please let us know if you need any further help.

Rosemary and Graham

twistedmelon

AFIK there is no way of checking a denuncia on line but if you could be more specific as to how you found this out it maybe easier to ascertain what this is.
I assume the whatever it maybe is against a person not a property.
More info would be helpfull

patrecia

I bought a house in Albanchez Almeria in year 2000. Due to getting a bit short of money in 2006 we put house on market for 199,000 euro. In July 2007 we had a very keen buyer who put down 99,000 deposit. He could not complete the sale due to his second home in uk not selling. the final date for the last payment was December 2007 which of course did not happen... throughout 2008 the house was empty as we had already moved to Bulgaria in November 2007. In Dec 2008 I discovered that he was going to move into my house so of course I stopped that. However his lawyer suggested a rental agreement until sale completed. I had no choice to agree (stupid person that I am). He paid rent 2009 but it stopped in April 2010 and no rent has been received since.
In May 2011 we went to court for an eviction but they produced this Denuncia and the court immediately abandoned the hearing. My temporary lawyer had a quick glimpse at the document but was not given time to read it. My own lawyer in Madrid is now trying to get a copy.

Chiclana

You can go to the local Library to search for orders agaisnt the property if it is illegal (not built with council planning approval due to being in an unzoned residential area) nor sure how they have the information but this is how my friend reserched issues he had with a house in Pago del Humo

The local ayuntamiento of course would be a port of call.

patrecia

I no longer live in Spain. I am in Bulgaria.
Yes I did go to the local Town Hall who knew nothing about it at all.

twistedmelon

Blimey, complicated. Firstly I have to say that if the sale was not completed then they should have pulled out leaving you with 10% of the deposit for defaulting on the sale. It appears as if you kept the full 99,000 on the basis that he would eventually come up with the other 100,000, big mistake, as was letting them rent off you, anyway, life's easier in hindsight.
Until you have this "document" verified as to what it is we would all be guessing in the dark.
You can check on line with the nearest land registry office and ask for a nota simple to see if anything is going on there, it usually is about 20 euros.
I think you have got yourself into a proper pickle (not judging you) and not living here anymore has left you uninformed as to what's been going on.
I wish you all the best in unravelling this one.

lynnxa

I have a sneaky feeling that if indeed patrecia has kept the 99K€ then there is a denuncia against her for the return of it (or the balance after the 10% deposit is retained)

but as you say - until she actually sees the document it's all just guesswork

patrecia

I am really pleasantly surprised as to how helpful you have all been Thank you!
yes you are right Twistedmelon...I am in a real right pickle , all I can rely on is the help from my lawyer.
I did keep the 99,000K , due really to the fact that we needed this money to buy our house in Bulgaria and they were full of promises that yes they were going to buy.. I even turned away another offer as I did not want to let them down.
Yes I am a fool for trusting them, and yes I should have acted in Dec 2007 when the other bit was not available.
As it stands at the moment we have to deal with the broken house sale contract first and only then can we deal with eviction, That could take another two years and meantime they are living there rent free.
Also it makes it worse because we do not have the Certificate of First Hab. but then none of the houses did/have. Some have been sold three times and no problem..I sell and get big problem!

lynnxa

aah - therein would seem to be the problem..you should have returned about 80K€ when the deal feel through

effectively you 'owe' the failed purchaser that money - they are possibly saying that they are claiming free rent until the balance is 'paid'

this is still just conjecture on my part - but it does seem to be logical ...

patrecia

Trouble is tho Lynnxa , they have NEVER said that they do not wish to continue with the purchase. It was not until April 2010 when they stopped paying rent that I had an inkling that it was never going to be a sale

Rosemary

Seems like that is the case but it will take a very long time to balance the
80K and rent.

Rosemary

whitelinen

Did you have a contract? and was the deposit required stated as being 99,000?

snikpoh

Why is every one quoting 10% as the 'correct' deposit figure? To the best of my knowledge there is no legal reason why the deposit should be any particular amount. So, why not 99k?

It might seem rather steep but then why did the potential purchasers part with that amount in the first place?

I would check with registro to see if they have applied an embargo on the property (due to the denuncia). If not, then I can't really understand why they can't be evicted - unless they are claiming that they own the property (or are in the process of buying it).