HBG

I'm not qualified to give the OP the advice he is looking for, because I did what he may be about to do many years ago. And I'm still standing. But I haven't tried to sell.

I think if you're looking for the Anglo Saxon legality from back home, you want find it in Spain. According to our British ways, everything in Spain is illegal; according to their ways, we're a nation of compulsive worriers about stupid things - while they sit back and enjoy life without too many traumas and live longer than we do.

rafikiphoto

Too many variables, too many risks for my taste. I would tell the vendor to get it legal then proceed to purchase. I don't have any knowledge re: mortgaging. Are you sure there are rival bidders?

If you really want the property leave your contact details with the vendor and ask them to call you when they have legalised everything - then check that it has been done properly. As previous posters have said: it's a buyers market!

Good luck.

avocados

You are approaching the matter from the wrong perspective!

Use the irregularities to negotiate a rock bottom price. You should be knocking 10s of thousands off the price, not just the cost of fixing them.

Until all matters are made legal, you or anybody else doesn't know if it's possible.

You must be in the very early stages of negotiation if you are asking if it's mortgageable? Let the bank decide. When assessed the bank will send a valuer to get a valor tasacion price. A max mortgage of 80% of that figure will be given and that's if they decide to go ahead at all.
If paying cash, maybe get an independent valuation done. It'll be no more than 250 euros for a detailed report.

When we bought, we renegotiated the price lower twice more, even after a firm offer was agreed and after the mortgage had been arranged.

There is LEGAL, ILLEGAL and LEGAL ENOUGH. The latter is what I would aim for, when buying otherwise you'll end up with a dull boring box of a house withing a box of a plot, just like all the other sheep.

Matters in Spain can be fixed, not just with 4k, but with a tremendeous amount of TIME, PATIENCE and KNOWLEDGE. We resolved an issue at our house, that the previous owner failed to resolve, simply because of knowing what the rules are and presenting our situation to the relevant authorities in the correct way. Do you know the rules? Do you know the workings of the townhall?

Personally, despite what I've written, I don't like it when extra buildings, pools, etc. don't have proper planning permission. No good saying, "but none of the neighbours have permission either". I can go with differences in main building sqr metres, provided the total is within the % allowed for the plot. Boundaries, not too bothered if the plot is big enough.

jackytoo

One solution is what my BIL did. The house he bought in Alhaurín didn't have the correct paperwork. Advised by his lawyer he bought but held back 50% of the price until said escritura was amended. After 5 years it still hadn't happened and he sold it but did not lose out. I still wouldn't do it though. As some have said there are plenty of legal houses around stand firm, no legalisation at notary or walk away and don't answer their calls.

Lospacoshombre

Thank you all for replying.

The reason I re posted this issue on its own thread was to hopefully gain more opinions rather than a few from the people reading my other thread.

I have read some excellent comments and some wise ones I knew you would not let me down!

I am quite angry that the agent did not know if the property was legal before we offered on it, I thought that was a pre requisite to selling these days in Spain.

I have played hard ball all along, knowing I hold a lot of aces, cash buyer, in no great hurry, who knows the local market.

I do not fully understand the process in Spain, so I am so glad of this wealth of knowledge on tap.

The state of play at present is I have told them that if the property is not legalised at the same time at the notary as when I buy, and the 10% deposit is refundable on the property being found to be unable to be legalised then I walk away.This is not acceptable to the owner for some reason and the agent is in a spin trying to patch the deal. He is trying to get some certificate or other from the town hall to prove something, but I feel it will end in nothing.

I am considering as the bil of Jacktoo, pay a very low price with a full balance on legalisation.

The agent keeps saying he is marketing the property still which he is, and I keep saying well carry on! I do not care. The next person will only hit the same dilemma. The scandis are buying at present and perhaps represent the biggest number of purchasers at present, and are maybe the unknown dilemma in my situation

I asked about mortgage-ability because if the house is NOT mortgageable I think I am in a check mate position and will negotiate harder.

The house by the way is a good price for what it is, and is what we are looking for, namely a villa within 25 mins walk to the front, needing work, and in our cash price budjet.

The old lady just wants to go back to the Uk without giving away her former marital home, but as she is 84 she needs to move sooner rather than later.

Regards
Al

fionamw

Unless it is your dream home, you have the ball in your court with those words highlighted.

megmet

.

I would say walk away from this one, there are many houses here that would be your dream home and are within your budget and legal. You really don't need the hassle and possible heartache that this property could bring.

stuboy

Perfect answer

casa del sol

I would see that it is all sorted and 100% legal before you buy. So you think it is a good price, you think someone will jump in to buy it before you, let them. your illegal good price may cost much more to put right, if not you may never sell it in the future or if you do someone will only take it off you for a bad price. It is a buyers market, something better and in order is out there.

britishbull

You should price the house as per what is on the title deeds so if it all goes bang the money you saved can be used to deconstruct the illegal elements, which as other have hinted is probably unlikely.