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Denuncia in Spain

Denuncia in Spain

Old Jun 10th 2011, 6:48 pm
  #31  
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Default Re: Denuncia in Spain

Originally Posted by anonimouse
This is why buyers should NEVER have the keys until all money is paid under any circumstances.
Also this is why a third person should hold onto the money until the sale is completed. It works both ways.

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Old Jun 10th 2011, 7:02 pm
  #32  
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Default Re: Denuncia in Spain

It was not me who gave them the keys. A neighbour was holding the keys in case they were needed and during 2008 they were buying of furniture and having it delivered .
I was informed by another neighbour that they had changed the locks and when I spoke to their lawyer she said that as they were buying the property it was not a problem.


What is wrong with a Spanish lawyer?
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Old Jun 12th 2011, 2:53 pm
  #33  
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Default Re: Denuncia in Spain

Originally Posted by patrecia

What is wrong with a Spanish lawyer?
Many of them can't be trusted to show you safely across the road!

Ours when buying our house openly offered to deal in black money after telling us it is illegal.....we had already told him that we wished to be totally legal in everything.
Corruption is not just for the town mayors, unfortunately it's an everyday part of the system here!
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Old Jun 14th 2011, 8:56 am
  #34  
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Default Re: Denuncia in Spain

Good Morning All.

I have received an e-mail from my lawyer telling me that it was not in fact a Denuncia, but a Planning Infringement issued by the Town Hall in Albanchez. Yet when we asked about it , they said that they had nothing at all
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Old Jun 14th 2011, 10:12 am
  #35  
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Default Re: Denuncia in Spain

If you sell and the buyer pays 10% deposit make sure there is a clause in the contract which gives a final completion date. Otherwise they can legally spin it out for years. On the CDS most agents ask for a deposit to take the house off the market (around 3000 to 6000). When all the checks have been made then the preliminary contract is signed and the 10% paid. Sometimes the 10% stage is skipped. I would never pay a deposit to an agent and it is not legal for them to ask for one.

I know someone who bought a campo house from an old spanish woman. They paid 10% deposit through their Lawyer and this was handed to the woman. She then refused to complete and neither hand back the deposit. They went to court and won, the woman still didn't repay the money and an embargo was put on the property. This was a few years ago and it seems they will only get it back when she dies and the house is sold!
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Old Jun 14th 2011, 1:24 pm
  #36  
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Default Re: Denuncia in Spain

Originally Posted by patrecia
Good Morning All.

I have received an e-mail from my lawyer telling me that it was not in fact a Denuncia, but a Planning Infringement issued by the Town Hall in Albanchez. Yet when we asked about it , they said that they had nothing at all
How strange....but then again not for Spain.
So the question is, has there been any extensions etc etc to the property that would cause this infringement? OR is it an illegal build altogether?
You need to get a copy of this document sent to you to avoid further speculation. Despite what the Town Hall says there is clearly something in place somewhere for the situation to have risen with your original post.
Clearly the courts have something also which appears to be this same planning document.
Even more strangely this appears to have nothing to do with your main concern which is resolving the problem between you and your would be buyer/tenant
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Old Jun 14th 2011, 2:13 pm
  #37  
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Default Re: Denuncia in Spain

It's not exactly an illegal build..all 200 properties are in the same boat..waiting for the certificate of first habitation.. I have an Escritura which has been seen by many estate agents prior to trying to sell the property, and many properties have been sold at least once some twice or even three times.

You are right, we need to know what this infringement refers to , so I have asked my lawyer to write to Albanchez to find out. Maybe she will have better luck than I did.

Out of all the houses that were built , mine is the only one with a problem, and this was caused by the buyers trying to get a mortgage when it was supposed to be a cash sale.

I could have told then that a mortgage would not be possible.
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Old Jun 15th 2011, 12:51 pm
  #38  
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Default Re: Denuncia in Spain

Originally Posted by jackytoo
If you sell and the buyer pays 10% deposit make sure there is a clause in the contract which gives a final completion date. Otherwise they can legally spin it out for years. On the CDS most agents ask for a deposit to take the house off the market (around 3000 to 6000). When all the checks have been made then the preliminary contract is signed and the 10% paid. Sometimes the 10% stage is skipped. I would never pay a deposit to an agent and it is not legal for them to ask for one.I know someone who bought a campo house from an old spanish woman. They paid 10% deposit through their Lawyer and this was handed to the woman. She then refused to complete and neither hand back the deposit. They went to court and won, the woman still didn't repay the money and an embargo was put on the property. This was a few years ago and it seems they will only get it back when she dies and the house is sold!
Wise words ,a 500 euro note is enough to show you mean business , the balance can be sorted in the notary`s office ,if it all goes *its up you wont feel so bad
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Old Jun 15th 2011, 1:32 pm
  #39  
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Cool Re: Denuncia in Spain

There was a final completion date in the contract..Dec 2007. It came and went.

THAT is when I should have smelled a rat, and done something about it instead I listened to their lawyer who said that everything was okay and the sale was progressing.

No doubt about it..I am very stupido!!!
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Old Jun 15th 2011, 6:28 pm
  #40  
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Default Re: Denuncia in Spain

Originally Posted by 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!
Sounds like you want to eat your cake and have it.. . Looks like your house has gone for 99K. But why Bugaria if you were already in Espana..?

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Old Jun 15th 2011, 7:29 pm
  #41  
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Default Re: Denuncia in Spain

Mr Blackbeardie.
Why Bulgaria? Because there were too many English in the area that we lived in. I may be English but I do not like living with them.

The problem of the house is very involved but I certainly ain't not sold it for 99k.
once it is all sorted out over the next 2 years, once I have vacation possession it will be up for sale again...maybe you would like to buy it?
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Old Jun 15th 2011, 8:44 pm
  #42  
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Default Re: Denuncia in Spain

Originally Posted by patrecia
Mr Blackbeardie.
Why Bulgaria? Because there were too many English in the area that we lived in. I may be English but I do not like living with them.

The problem of the house is very involved but I certainly ain't not sold it for 99k.
once it is all sorted out over the next 2 years, once I have vacation possession it will be up for sale again...maybe you would like to buy it?
Ah the English... .

There are many different sorts of English but all of them have a good in built sense of fair play and and aversity to petty corruption which in my opinion rots a society from within. I don't think you can make this claim for the Bulgarians, Romanians ane even Poles, as hard-working as they might be. Coming back to the English, unlike my father I don't think the sun rises and sets from their behinds but their good qaulities tend to outweigh their negative ones as far as I am concerned.

I do hope you manage to recover the money you agreed in the sale of your house. Thanks for offering to sell me your house if and when you do recover it, but as much as I like the Spanish I am looking to buy in Portugal. I have always dreamt of Vasco Da Gama's Pilar in Malindi, Fort Jesus in Mombasa, Afonso Abuquerque and the men who built those magnificent churches in Velha Goa.

Beardie

PS. I don't think you are english yourself..

Last edited by BlackBeardie; Jun 15th 2011 at 8:48 pm. Reason: an after thought
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Old Jun 16th 2011, 8:03 am
  #43  
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Default Re: Denuncia in Spain

Oh Mr Blackbeardie

English I am through and through.
Born in Basildon Essex 1939. and lived in the UK all my life until 2000. Then I had had enough.
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Old Jun 16th 2011, 8:07 am
  #44  
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Default Re: Denuncia in Spain

Surely the house will be very hard to sell with no habitation certificate so no mortgage.

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Old Jun 16th 2011, 11:17 am
  #45  
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Default Re: Denuncia in Spain

Originally Posted by The Oddities
Surely the house will be very hard to sell with no habitation certificate so no mortgage.

Rosesmary
patrecia
I'll probably get slated (again) for saying this BUT.........
I don't think you have been 100% honest in all of this, just my opinion.
I also think it's not "helpfull" to come on an english site and say you don't like english people.
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