Illegal House.
#46
No, that is not corruption. If someone buys something and doesn't check whether they are buying is what they think they are buying (it's clear on the escritura if it is a Nave or a Vivienda) that is not corruption on behalf of the seller - that's stupidity or (most probably) ignorance, on behalf of the buyer, compounded by estate agents who do not tell the whole truth.
"Caveat Emptor" applies in Spain just like it does anywhere else.
"Caveat Emptor" applies in Spain just like it does anywhere else.

I have done legal conveyancing in England and I would NEVER let something like this slip by me. In Spain **it happens. It's the way it works here, particularly if you don't know the language and rely on a translator. Don't even go there!!! End of discussion!
Oh, and Fred, no hard feelings
#47
BE Enthusiast





Joined: Jan 2007
Posts: 543











Excuse me Fred.....and let me just say I respect you and all your very informative responses on here, great to have someone like you on here 
I have done legal conveyancing in England and I would NEVER let something like this slip by me. In Spain **it happens. It's the way it works here, particularly if you don't know the language and rely on a translator. Don't even go there!!! End of discussion!
Oh, and Fred, no hard feelings

I have done legal conveyancing in England and I would NEVER let something like this slip by me. In Spain **it happens. It's the way it works here, particularly if you don't know the language and rely on a translator. Don't even go there!!! End of discussion!
Oh, and Fred, no hard feelings

Corruption was rife!It is only in the past year or so that the Authorities have been coming down hard on this sort of thing.For example the Andulucian Gov has promised to go through the region "inch by inch"
Personally I think,in this case,there was corruption in the initial conversion of the building,(someone, somewhere turned a blind eye,or where blinded by Euro signs!),followed on by outright criminality in the mistranslation.
"Caveat emptor"would be applicable in the case of the purchaser missing something,somewhere,it does not apply when there is a deliberate, pre meditated attempt to decieve!

Bloody hell!,I typed that entire thing,then realised I qouted the WRONG person

Sorry Lionda,I MEANT to qoute Fred
#48
Sadly at the time of purchase (6yrs ago I believe),this was true.
Corruption was rife!
It is only in the past year or so that the Authorities have been coming down hard on this sort of thing.For example the Andulucian Gov has promised to go through the region "inch by inch"
Personally I think,in this case,there was corruption in the initial conversion of the building,(someone, somewhere turned a blind eye,or where blinded by Euro signs!),followed on by outright criminality in the mistranslation.
"Caveat emptor"would be applicable in the case of the purchaser missing something,somewhere,it does not apply when there is a deliberate, pre meditated attempt to decieve!
Bloody hell!,I typed that entire thing,then realised I qouted the WRONG person
Sorry Lionda,I MEANT to qoute Fred
Corruption was rife!It is only in the past year or so that the Authorities have been coming down hard on this sort of thing.For example the Andulucian Gov has promised to go through the region "inch by inch"
Personally I think,in this case,there was corruption in the initial conversion of the building,(someone, somewhere turned a blind eye,or where blinded by Euro signs!),followed on by outright criminality in the mistranslation.
"Caveat emptor"would be applicable in the case of the purchaser missing something,somewhere,it does not apply when there is a deliberate, pre meditated attempt to decieve!

Bloody hell!,I typed that entire thing,then realised I qouted the WRONG person

Sorry Lionda,I MEANT to qoute Fred

Couldn't have put it better myself 
)
#49





Joined: Jul 2003
Posts: 987

Why not try and see it from two other possibilities :
1> Something was lost in translation, in my line of work it happens A LOT on both sides of the language barrier.
2> The clients were so excited about signing on the dotted line(s) for their lovely new home that they accidentally switched off for the brief 5 second period when someone said "Property is not habitable" or something similar.
I'm not saying that EITHER are the case here, but as you have only heard one side of the story, not even directly from that side then EVERYTHING is a possibility.
That's why it's incredibly important to NEVER ever get a verbal translation as it's not worth the paper it's not wrote on.
I feel dreadful for the people involved as it's their home and they run the real risk of becoming homeless, but to side with either party from the facts given at the moment is just wrong.
The OP asked for advice and there has only been a very small amount of that and lots of assumptions and quite frankly comments that are could land the posters in hot water if found to be untrue.
It only takes the OP to post something more personal, specific details and then the other party Googles say the location, or the name(s) and up pops this thread where people have some of the comments made could land someone with their own court case and more importantly harm any chance of the people affected getting any money back or a resolution to the matter. It does happen and more than you think.
1> Something was lost in translation, in my line of work it happens A LOT on both sides of the language barrier.
2> The clients were so excited about signing on the dotted line(s) for their lovely new home that they accidentally switched off for the brief 5 second period when someone said "Property is not habitable" or something similar.
I'm not saying that EITHER are the case here, but as you have only heard one side of the story, not even directly from that side then EVERYTHING is a possibility.
That's why it's incredibly important to NEVER ever get a verbal translation as it's not worth the paper it's not wrote on.
I feel dreadful for the people involved as it's their home and they run the real risk of becoming homeless, but to side with either party from the facts given at the moment is just wrong.
The OP asked for advice and there has only been a very small amount of that and lots of assumptions and quite frankly comments that are could land the posters in hot water if found to be untrue.
It only takes the OP to post something more personal, specific details and then the other party Googles say the location, or the name(s) and up pops this thread where people have some of the comments made could land someone with their own court case and more importantly harm any chance of the people affected getting any money back or a resolution to the matter. It does happen and more than you think.
Last edited by zel; Apr 18th 2008 at 5:52 am.
#50
Straw Man.










Joined: Aug 2006
Posts: 46,302
From: That, there, that's not my post count... nothing to see here, move along.











I'm getting dizzy, what's going on?
#51
BE Enthusiast





Joined: Jan 2007
Posts: 543











Perhaps the OP could clear up wether the translation was written or verbal?
With regard to "hot water",no one here would land in it,as none of the posts is defammatory in anyway,no one is named,so therefore deffammation of character could not be proven.
Personally I still stand by my posts,in that they would not go to jail,but are likely to lose the property if things dont go there way.
I do agree that compensation etc is arrived at more often than is given credit for
With regard to "hot water",no one here would land in it,as none of the posts is defammatory in anyway,no one is named,so therefore deffammation of character could not be proven.
Personally I still stand by my posts,in that they would not go to jail,but are likely to lose the property if things dont go there way.
I do agree that compensation etc is arrived at more often than is given credit for
#52
BE Enthusiast





Joined: Jan 2007
Posts: 543











Cant take it anymore,had to unbar RM,ned to know what hes saying
#53
Straw Man.










Joined: Aug 2006
Posts: 46,302
From: That, there, that's not my post count... nothing to see here, move along.











#54





Joined: Jul 2003
Posts: 987

Perhaps the OP could clear up wether the translation was written or verbal?
With regard to "hot water",no one here would land in it,as none of the posts is defammatory in anyway,no one is named,so therefore deffammation of character could not be proven.
Personally I still stand by my posts,in that they would not go to jail,but are likely to lose the property if things dont go there way.
I do agree that compensation etc is arrived at more often than is given credit for
With regard to "hot water",no one here would land in it,as none of the posts is defammatory in anyway,no one is named,so therefore deffammation of character could not be proven.
Personally I still stand by my posts,in that they would not go to jail,but are likely to lose the property if things dont go there way.
I do agree that compensation etc is arrived at more often than is given credit for

You have absolutely no control over what is posted from this point onwards, So if something more personal was posted and thus being able to pinpoint the case then yes posters who have said something was 'corrupt' that is libelous if found to be untrue.
Anyway, I've made me point and my attempt at stopping the silly comments and getting it back on track to help the poster has backfired, so that's the end of this conversation on my part.
#55
BE Enthusiast





Joined: Jan 2007
Posts: 543











Heres something that may be of int to the OP.
Property that has been illegally built,or in this case converted,doesnt necc,ALWAYS,get demolished it can be saved by use of the "Good Faith" clause,(or other defences).In that the purchaser bought the place in good faith that ALL the necc permissions had been granted.This clause has been succesfully used 100's of times,most notably by an (unnammed)ex Prime minister.
However,its not magic, and does need to be proven
Illegal property IS always demolished if the property is on land that is classified as public,or specialy protected
Property that has been illegally built,or in this case converted,doesnt necc,ALWAYS,get demolished it can be saved by use of the "Good Faith" clause,(or other defences).In that the purchaser bought the place in good faith that ALL the necc permissions had been granted.This clause has been succesfully used 100's of times,most notably by an (unnammed)ex Prime minister.
However,its not magic, and does need to be proven

Illegal property IS always demolished if the property is on land that is classified as public,or specialy protected
#56
Straw Man.










Joined: Aug 2006
Posts: 46,302
From: That, there, that's not my post count... nothing to see here, move along.











Google must be working overtime!
#57
BE Enthusiast





Joined: Jan 2007
Posts: 543











Certainly is,had to regoogle,something I googled last year.
#58
Straw Man.










Joined: Aug 2006
Posts: 46,302
From: That, there, that's not my post count... nothing to see here, move along.














