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I would suggest that if anyone needs further information regarding plus valia and any other parts of their contract that seem unfair they contact www.lawbird I found this person to be very helpful and the information will be useful.
Kirjim2
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Plus valia - my own lawyer has just confirmed that the developer should bear the cost of plus valia - as a result of a new law that has been introduced.
We have not completed yet!!
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Hi Kirjim2
We completed last week. As usual we had the same old crap with the developer bringing in clauses to say that even though we ended up paying the Plus Valia, he wanted the contract to say he paid it otherwise they would not sign. My solicitor warned me about this new law. You are right they are supposed to pay it. But as with most laws in Spain, it seems its us the buyer that gets screwed regardless.
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As my lawyer has informed me (see earlier post) that yes it is true that law is on our side but Arrohabitatge are basing their claims on the fact that in most of our cases the contracts were signed prior to the law coming into effect therefore they claim they are exempt from this ruling but according to my lawyer these new rules make any such term in any previous contract null & void but this isnt automatic and we have to seek the courts decision to make it null and void especially in this case where the developers are being difficult. I am of the opinion if all the buyers ganged up on the developers and refused to sign then they would amend their views as they have more to loose then us but the fact is that most people are bowing in to the pressure and signing (making it harder for any one individual to stand up and say no!) which is exactly what the developers are counting on. Our best chance of getting redress on this matter is to take collective group action against the developers for the illegal charges and for the delay in completion.
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Yesterday I reread the purchase contract which I had to sign after four hours of lengthy negotations. I nor my lawyer had seen it before going to the notary (which would be absurd in the Netherlands), so I expected my lawyer to inform me about the key elements. She read it just prior to the formal proceedings.
I stumbled upon a passage which I found very disturbing. My reading skills in Spanish are a lot better than my spoken Spanish, but to be sure I checked with a sworn translator and she confirmed that I read it correct. She provided me with the following translation:
" FIFTH.- Any costs or tax resulting of the execution of this deed will be paid by the contracting party –the buyer- including the tax on increased value of the real estate, if applied.
Nevertheless, I, Notary Public, warn the signers of this deed that the taxpayer legally binding to pay the above mentioned tax is the building society, declaring the parties explicitly that they have previously agreed on this term at the moment of writing the terms of this contract, executed prior the date of coming into force of the [Spanish] Act 44/2006, dated on 29th day of December, «Mejora de la Protección de los Consumidores y Usuarios» [Improvement of the Consumer and User Protection Act]. "
Her English is not perfect, but the essence is clear. We formally stated that we (AGAIN!) waived some of our legal rights. In this case our right to let the seller pay the plusvalia. In my case this is really absurd as I informed my lawyer in advance that I would object to the plusvalia tax and she did not even mention this part of the contract. I guess this is true for more people.
I have found more "interesting" parts in our contract. It would be great if we could agree on a formal (sworn) translation as this is essential for our legal rights. I found a good translator so if there are enough interested people we could let her do it. She read more of it and said it's badly formulated, not always clear and very biased to the developer. She actually warned me to not sign it....
This message was last edited by max! on 9/24/2007.
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Hi,
I am hoping to complete next week and have just had notification of the charges from my lawyer.
He states they are estimates, but they are quite a bit higher than I expected.
Does anyone who has completed (preferably on a 2 bed property) have a breakdown?
I expected the following.-
Property value 7% (declared value)
Notary and Land Register 1%
Title deed tax (is this the equivalent of stamp duty?) 0.5% (declared value).
Plus the much spoken about Plusvalue Tax 500Euro
It would be very much appreciated if someone could answer this.
Many thanks
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Hi i have not completed yet but have been given my bill to complete it is just short of 14% and building insurance 500 euros for 2 bed rooms and that is with out the extras the builder needs on completion last year it was 12 to 13%this is from manzanares lawers irene/peter
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Hi everyone, hooray we have finally completed and we have lots of keys for our apartment. We are very happy with the finish of the apartment. Although there were a few minor snags, overall we were very pleased.
Everything went smoothly at the Notary, we were in the offfice for 1 hour and forty minutes. We only needed to show our passports and our original NIE documents. We had previously opened a bank acccount so we didn't need to do that on the day.
We would just like to say a public thank you to Max and Saskia for all their help and advice on the forum over the last few years. We would like to wish you all the best with your businesss venture.
We look forward to recieving our ful snagging report, hurry up and get the locks changed as we are coming out again in a few weeks to a very clean and well polished apartment x
Sorry if the list of jobs was endless, but it is reassuring to know that you will have completed these in our absence. We can't wait to come out and see you and all our new neighbours for a drink in the sun :-)
Steve & Sam
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Hello all neighbours
We completed yesterday  but as we had to do it by Power of Attorney we have not had the pleasure of receiving our keys and being able to drink champagne in the candlelight like some of you have
As the last couple of hours were a bit fraught with discussions over the phone about charges and arranging for cheques to be picked up etc - nothing for us seems to have changed. Mind you I am glad we did not have to go through hours of arguing at a notary but like everyone else we have had to pay for things we did not want to but really had no choice and it did seem to complete more expensively than anticipated
I suppose once we all settle in and it becomes like home we will all forget about the problems and just enjoy our apartments and have fun with the neighbours
Are we in time to give someone our proxy vote for the meeting tomorrow ? - Or do we need to fill something in - We have not been officially told that we have the meeting by anyone yet though
Anyway looking forward to seeing everyone we already know and meeting up over the months and years with everyone else - Who was it now who invited us all to the barbeque ? - We can definately do it next summer thats for sure................
Maureen and Chris
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Has anyone completed without paying Valia Tax? If the builders mortgage was not required did you complete without paying mortgage cancellation fees? And also if anyone was unhappy with the size of the storeroom did you get any reduction in price?
I would be grateful for a response to any answers to these questions.
_______________________
Janmet
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2 weeks ago we met a couple who had been told by Perla that there were about 20 apartments on phase 1 still to be completed. Since then I have spoken to another who completed last week. These were people who were not in a hurry to complete but the developer pressured them into doing so. It seems phase 1 is almost done. I saw a man with a clipboard walking around phase 2 last week. Who knows, but for those in phase 2 patiently waiting maybe the New Year will bring some good news.
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David
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I know this is a repeat question.
Has anyone completed without paying Valia Tax? If the builders mortgage was not required did you complete without paying mortgage cancellation fees? And also if anyone was unhappy with the size of the storeroom did you get any reduction in price?
I would be grateful for a response to any answers to these questions. PM me if you prefer to remain anonymous.
_______________________
Janmet
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Janmet
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Included with the paperwork for the AGM is a questionaire "for the possible collective claim regarding incidences and delays of a private nature". The idea is that although the community is not a party to the claim the administrator is willing to act as coordinator for a collective claim. Mortgage cancelation fees, which I know some people did not pay, and Plus Valia Tax which everyone I know did pay would be included in this claim.
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David
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Hi Janmet
We paid mortgage cancellation fees and plus valia and are not entirely happy with the storeroom ( we paid for the big one but it does not seem to be that big ! )
We have never received all the documents for completion - ( even though we have asked for them ) -so we are not sure what was paid for what - We will be collecting them 27th December when we are there so we will have a better idea - We have appointments with the bank and our solicitor
We will let you know then
We would be interested in making a claim as we argued against these charges at the time but did not really get anywhere - It was a case of do you want to complete or not............we just got a bit weary with it and gave in - Like most people i suppose
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Hi Janmet,
We did not pay either Plusvalia or mortgage cancellation fees, however we did not purchase from the developer, we purchased from another party selling before completion.
As for the storeroom, it is certainly smaller than the size quoted 3 sq. metres, but then we weren't expecting much for €3,000 so in the end we were not surprised and are accepting it as it is. At the moment the light in the storerooms is not connected to the electricity but I am told that this will be sorted out. This message was last edited by gericom99 on 12/17/2007.
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As you all know, most of the people reading here don't post. Some even don't read here, but still are clients of ours so we know a lot of people as they do exchange e-mails etc.
One of our clients didn't pay for the cancellation fee, nor for the plusvalia. So it can be done but your laywer has to be happy to really go for it and 'real estate lawyers' never are. I recently hired the lawyer who succeeded in doing that as I thought that was the best recommendation possible :)
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I recieved the following e-mail from my "real estate lawyer" today. Needless to say I wont be following thier instructions. I am interested to know - has anyone else been contacted about this?
I have had a call from the Developer this morning regarding the payment of the Plusvalía Tax on the property you purchased in Residencial Don Juan. Please note that you are liable for the payment of this tax, as stated in the deed. Furthermore, upon signing the deed in your favor, we made an initial provision of 500 € to the Developer to cover this payment.
They have sent me copies of the bills issued by the Town Hall of Fuengirola, attached, which come to a total of 860.28 Euros. Furthermore, they tell me that the last date of payment is this Friday, May 30th, after which date they will bear a surcharge.
In view of the above, I would ask that you please send a transfer urgently to our clients account, as follows:
_______________________
David
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I posted this on another thread before Davmunster's post was brought to my attention. After reading Davmunster's post it seems my solicitor may have got his dates wrong.
"I have today received a telephone call from my solicitor to say that they have been contacted by the developer who is demanding an extra 390 Euros as they mis-calculated the amount of Plusvalla payable on my apartment (I paid 500 Euros at point of completion in Oct 2007). Presumably the local authority have asked the developer for this amount. Also the document was sent to my solicitor on the 27th of May for the first time and stated that penalties would be added daily from the date of 13th May!
Has anyone else experienced this or has any comments? My apartment is a two bedroom first floor corner plot."
Thanks
Srs
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The bad news is that the amount turned out so much higher than the initial estimate. The good news is that you can now finally claim the plusvalia back as legally it should be paid by the seller. Now that the exact amount is known you can really dispute it.
My (new) lawyer already stated in a burofax (formal letter) to Arrohabitatge that that part (and others) of the title deed were against the law and had no legal value.
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Hi All, As usual, I wouldnt believe anything that the developers says. I think that they are desperate at the moment and are trying to come up with any idea to extract extra money out of people.
Regards, Andy
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