tmarshall57

I wonder if anyone can help. Yesterday I received a claim for unpaid IBI for 2009 for an apartment I own, purchased in 2017. The claim was from SUMA (the Alicante local tax collection agency) and was on the basis that the owner in 2009 (the property developer) had been made bankrupt - a process that appears to have taken several years. I checked my escritura which states that the seller (SAREB - Spain's "bad bank") is responsible for all debts up to the purchase date and this potential debt was listed in an annex to the escritura. I have written to both SUMA and SAREB stating that I should not be responsible for this historic debt but I am not certain of the actual rules e.g. are SUMA likely to chase me and then it will be up to me to chase SAREB etc.

Any help/advice appreciated.

Moses2013

What did your solicitor say when you purchased the apartment and did they not inform you?

tmarshall57

I attended the Notaries with both my and the seller's solicitors and the notary did make it clear that this historic debt existed. My recollection is that all agreed that historic debts would be the responsibility of the seller. In which case I wasn't expecting to receive a claim.

The actual words in the escritura (translated are):REAL ESTATE TAX (IBI)

The Selling party is obliged to the Buyer upon payment of the entire debt tax corresponding to the present fiscal year or previous exercises not prescribed for the Tax, that could correspond to the property object of the present sale and in relation to which it was derived responsibility for the payment of the debt tax to the Buyer. The seller is will be responsible for paying the debt by keeping harmless in any case to the Purchaser, in such sense the Seller will not be obliged to assume the expenses derived from the delay in the communication by the Buyer of the request for payment that, if applicable, is made by the local administration. And I, the Notary, expressly warn you of that the Seller is the passive subject of said tax, for the current year, and that the goods transferred are subject to payment of the total amount of tax in the terms provided in Article 64 of the Law Regulator of Local Treasury (RD 2/2004).

I hereby incorporate as document number three extended photocopies on exclusive paper for documents notarial from the information proof that the property subject to this deed is NOT up to date with the payment of the Real Estate Tax (IBI)

Moses2013

Your best bet is to contact the solicitor. According to info there is a five year statue of limitations so might explain why they contacted you now.

DLC

https://www.moyamarinabogados.es/pag...o-propietario/

https://www.idealista.com/news/inmob...os-compradores

It says ayuntamientos are allowed to demand IBI from last year, or from up to four years ago if they have registered "derecho de afección" in the registro de propiedad.

So the first step would be to check the registro de propiedad to find out how far back they can demand payment.

tmarshall57

Thanks DLC - I'll check those links. I know the debt was known about by the authorities when I purchased the property however the notice has been served on me following the recent conclusion of bankruptcy proceedings against the party (the property developer) who was responsible for the payment in 2009.

Moses2013: The matter was discussed at the Notaries and I was advised that the seller (SAREB) would be responsible. My solicitor is not responding to my requests!

I guess the way things will pan out is that I will be claimed against for the outstanding amount and I will need to claim against the seller.

Moses2013

If it was agreed, the solicitor should have made sure that they pay up before completion. In any case it is always attached to the property and I doubt the seller will pay anything as they are no longer liable.

tmarshall57

Yes - I'm slowly coming to that conclusion. At this point I have formally objected to the tax collection authority on the basis that SAREB should pay the debt (I know that the law doesn't support me here). I assume that my claim will be rejected and that I will be given the conclusions of the hearing and then I get the opportunity to pay?

missile

How much is the debt?

You are liable. Chances of making a successful claim on solicitor are slim.

tmarshall57

The claim is approx €300 so large enough to object to and write a claim letter to SAREB but not enough to take legal action against them.