Question Re Buying and outstanding community fees

Hi

I am looking to buy a property at Roda Golf and was wondering about any outstanding debts registered to the property such as community fees. Would a new owner be liable for any unpaid fees or would the seller still be responsible.

I would appreciate any help on this.

Thanks

Would a new owner be liable for any unpaid fees or would the seller still be responsible.
If you get it right then the seller SHOULD be responsible

Whoever you are buying from - be it a repossession from a bank or a private sale - emply your own solicitor. Do not trust the 3rd party one as he will not be acting in your best interests.

You need to make sure that your solicitor contacts the administrators (Resortalia) and gets a debt certificate for both community and entidad fees.

If you are buying from a bank then make sure that they agree that they will settle any debt. On Phase 2 we have a major problem with La Caixa selling repossed properties and not paying the debt.

If you don't do the above then you MAY be responsible for the outstanding debt.

As I said on Phase 2 we currently have 2 properties that have been sold by La Caixa and they have not paid the outstanding fees. They did not request a debt certificate for the sale and did not present this to the owner. As the owners probably didn't employ their own solicitors, we are currently investigating whether we do in fact have recourse to the new owner for the outstanding debts due to the fact that the debt certificate was not requested from Resortalia - plus the bank are trying to "fudge" the issue.

And finally, also check with San Javier town hall that there is no IBI outstanding. Town halls have far greater powers than communities and can still claim old debts off new owners.

Hope this helps - you need to be very careful that you have all the facts.

Thanks Pommers, I appreciate the help.

If yoi buy a property and do not do the necessary searches or employ a lawyer YOU WILL be responsible for any outstanding debts, they transfer with the property

Ok, thanks Roy. I wouldn't contemplate not using a lawyer I just wanted to be sure of the facts before going any further.

Cheers

Roy - are you positive about this? As I said, we have a big issue on Phase 2 with La Caixa selling and not declaring debts and the owners are refusing to pay up.

Yes I am positive in Spain if a buyer fails to complete the due diligence when buying a property any debts automatically pass to the new buyer, and it isnt just community and Entity we had a situation recently with IBI ans SUMA on a car

I know because a similar problem at Corvera

Thanks Roy - I will certainly look into this further now.