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13 Jan 2008 4:04 PM by inmate58 Star rating in Lisburn Northern Ire.... 167 forum posts Send private message

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hi folks

 

i have a house on torre alcantara and we paid 300 euros to taray at the notaries office. This seems to be for water and electric usage. we have just paid 170.66 euros for the installation of the water meter to the electric company and we still have to pay for the water meter.

 

vincent



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14 Jan 2008 8:31 AM by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 forum posts Send private message

Vip Supporter

Again for the record I can state that in Spain, if there is no Certificate of Habitation, it is ILEGAL, for the builder to charge for any electricity or water use and isregarded as a serious offence

There is an easy way to complain regarding this using the OMIC department at the Town Hall and any decent lawyer will be aware of this and should be advising you about this or I have outlined the process in a document which you can ger by mailing me at coh@inspectahomespain.com

Please howvever check this carefully because the 300 euro charge is normal is Spain for installation of the meter and connection to the mains supply and if this is for consumption there should be document that states this

Inmate I am not sure why you would pay 170 to the electric comonay for the water as you state in your post and they are 2 totally seperate organisations 

 



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Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748


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14 Jan 2008 8:32 AM by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 forum posts Send private message

Vip Supporter

Again for the record I can state that in Spain, if there is no Certificate of Habitation, it is ILEGAL, for the builder to charge for any electricity or water use and isregarded as a serious offence

There is an easy way to complain regarding this using the OMIC department at the Town Hall and any decent lawyer will be aware of this and should be advising you about this or I have outlined the process in a document which you can ger by mailing me at coh@inspectahomespain.com

Please howevevr check this carefully because the 300 euro charge is normal is Spain for installation of the meter and connection to the mains supply and if this is for consumption there should be document that states this

Inmate I am not sure why you would pay 170 to the electric comonay for the water as you state in your post and they are 2 totally seperate organisations 

 



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Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748


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14 Jan 2008 7:55 PM by Diane and Joe Star rating in Sheffield. 152 forum posts Send private message

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María de Castro has posted about recent changes to Spanish law to protect consumers (house buyers).  I may be wrong, but It seems that the builder should not be passing on the charges for installation of water/elecricity meters.  I guess it's something those of us who have not completed yet should be questioning when we talk to our solicitors.

The original Spanish from BOE:

Se refuerza, asimismo, la protección del consumidor adquirente de vivienda al precisar el carácter abusivo de las cláusulas que les trasladen gastos que corresponden al vendedor, tal es el caso de los impuestos en los que el sujeto pasivo es el vendedor, o los gastos de las conexiones a los suministros generales de la vivienda, tales como enganche del suministro de agua, alcantarillado, etc., con el fin de evitar prácticas desleales que trasladan dichos gastos al consumidor por cláusulas no negociadas.

María's interpretation:

Consumers Law 2007

April 10, 2007 on 8:16 pm | In Uncategorized | No Comments

There has been recently passed a Law , ( Law 44/2006) dated on the 29th December of 2006 , for the improvement of the protection of consumers and users. It has specific mention to what are considered abusive clauses in Real Estate purchase contracts. Therefore it is not any more a matter of Court Decissions ( subsidiary source of Law in our legal system) but of Law ( primary source of Law) It is in force since the 31st of December of 2006. 

About nullity of abusive clauses” It will be considered as abusive clauses all those which have not been individually negotiated and all those practices which have not been expressly agreed and that, against the standards of the good faith, produce , to the detriment of the consumer, an important imbalance between rights and obligations of the contract parties (…) ”

Provision 10 bis.1 of Law 44/2006 affirms: 

The consequence for abusive clause are the same : null and void ipso iure, and they will be omitted in the contract amd consideres as inexistent.

The Administration can demand the offender to compensate the consumer.
Regarding abusive clauses when selling houses. 

A list of specific abusive clauses in the sale of houses: 

a) The stipulation that forces the consumer to pay the expenses related to the initial legal title of the house ( new work deed , horizontal division deed , mortgages deed for the building or its division or cancellation deed)  

b) The stipulation that obligues the consumer to assume ( subrogate into) the mortgage of the builder/developer or which impose penalties if not assuming that mortgage.

c) The stipulation that forces the consumer to pay taxes which chargeable person is the builder-developer.

d) The stipulation which obligues the consumer to pay expenses related to the setting of access to general supplies of the house. Houses need to be handed in good habitability conditions. 

Any clause in purchase contracts containing one of those abusive terms or anything related will be considered as inexistent and therefore unforceable by developer/builder.




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15 Jan 2008 8:34 AM by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 forum posts Send private message

Vip Supporter

Your are correct with the new law and it will be of great assistance when it comes to contractual clauses that are deemed unfair

Yes it covers the aspect of builders supple where the owner is not responsible for any charges for the consumption

You are however not correct regards the charges for the installation of the meters and more importantly the charge for the physical connection from the meters to the property where the buyer is responsible for the charge

Even when you buy a resale property in Spain you have to pay a one off connection or changeover charge of at least 300 euros total for electricity and water connections



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Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748


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18 Jan 2008 11:12 AM by spotshouse Star rating in Poole, Dorset/Balsic.... 52 forum posts Send private message

Hi All

We have a place on Balsicas.  Just read this tread and saw that bank overpayments can be recovered up to 2 months after.  Please check with your own banks if this is so.  We have lots of friends living in the area and they state that it is 15 days and not 2 months!  Anything after that and you haven't a hope of recovering any money.

 



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