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24 Jan 2008 12:00 AM by mojito Star rating in Cupar Fife / San Jua.... 268 forum posts Send private message

Can anyone get a guarantee from their solicitor that CDP will not become a victim to the latest laws.  Please see under General forum. Our Spanish solicitor sent us a copy of the planning permission (in Spanish of course) given by the Pulpi council. I have asked our solicitor but he's only said Peinsa will be renewing our bank guarantee next week and didn't mention the poor victims not far along the coast.  If the superior authorities are so angry at their coast being destroyed are we sure that a huge development like CDP might not be their focus a few years down the line. Remember the Priors had council permission too!  It seems even the EU can't do anything about it. I'm wary about signing for our Phase 3 house unless I get some sort of guarantee from this higher authority.  If we get it now we won't be worried later on.

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24 Jan 2008 3:43 PM by almeriastu Star rating in Arboleas. 36 forum posts Send private message

almeriastu´s avatar

Who is going to give you a guarantee? As you said yourself the Priors had council permission and even the EC can't do anything about it.

I live in spain at the moment - and not too far from the recent demolition. Am I worried? The answer is a definite NO.

This incident and the others that are to come (and there will be some more) will certainly put the wind up many would be buyers, so it will do the Spanish housing market no good whatsoever. And I'm still not worried.

I would suggest that you take out a Spanish mortgage on your new property (whether you need one or not). This is an extra precaution (if one were needed) as the Spanish banks will not lend on anything that is remotely risky.

Enjoy your purchase - Spain is a great place to live and invest in.



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24 Jan 2008 7:29 PM by mojito Star rating in Cupar Fife / San Jua.... 268 forum posts Send private message

Good idea, thanks for that!

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24 Jan 2008 9:29 PM by KP Star rating. 229 forum posts Send private message

With the case in Vera there seems to be a couple of issues not least the political one if the papers are to be believed!

Peinsa had delayed all work until all licences were in place, even though some on the forum were wanting them to start building regardless!

There are too many houses on this development for there to be any issues I am sure, Pulpi and Peinsa have done all the necessary paperwork and I cannot imagine that a company as big as Peinsa would put themselves in that position, we have to remember that the couple in Vera we individuals using people recommended to them in the town. It is always better to use an independent solicitor and one with no connections to the developer/agent/seller.

 




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25 Jan 2008 9:35 AM by smurray Star rating. 12 forum posts Send private message

How can you confirm if your solicitor is independent of the development.  I'm currently using Victor from Martinez- Abarca & Munoz solicitors.  Athough I have had no problems with the service I've received so far (been very good), his details were passed to me at the time I made my reservation.  Does this mean that the solicitor is not independent ?

Regards

Simon & Caroline.

 




This message was last edited by smurray on 1/25/2008.


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25 Jan 2008 10:58 AM by mojito Star rating in Cupar Fife / San Jua.... 268 forum posts Send private message

Much the same as us.  We were given our solicitor's name, M J Asesores in Aguilas, from the estate agents.

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26 Jan 2008 10:16 AM by KP Star rating. 229 forum posts Send private message

My only answer to that question is:

If you were recommended to a solicitor via the agent and the agent is wanting to ensure that their commission is paid then they will recommend you to somebody who will ensure that it does complete regardless! if you want truly independent advice you should get a solicitor who is not connected to the developer or agent in any way. Solicitors tend to make costs up as they go along unless you get a firm quote at the beginning, nobody would do that in England! There are some good solicitors around the area, PM me if you want details. Average cost of fees should be around 900 euros plus dispursements and IVA if you are being charged any more, why!

In the vast majority of cases were there are problems in Spain it is because buyers have either bought without a solicitor or they have used the solicitor recommended by the seller!

Did you know that a lot of the Notaries are currently putting clause in their contracts at the time of signing in the Notaries office, which basically states they wil not be liable for any anomalies! A good solicitor will not allow this to happen.

I do know somebody who is currently using Victor in Vera and they seem happy with him.

On a final note: If you give Power Of Attorny to your new solicitor and that includes access to your bank account on completion they can basically take what they want for their fees and I do know some people that have fallen foul of this in the past.. I do not want it sound as though all solicitors are bad news in Spain because they are not but you do have to tread carefully over here, it is not England!!

The moral of the story is: Do your homework before you buy, you can get a copy of recommended solicitors by the British Consul in Spain from their web site.




This message was last edited by KP on 1/26/2008.


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26 Jan 2008 10:58 AM by mojito Star rating in Cupar Fife / San Jua.... 268 forum posts Send private message

We had to pay 900 euros up front. At least it's paid a couple of years ago when the exchange rate was better.



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26 Jan 2008 12:35 PM by KP Star rating. 229 forum posts Send private message

Hi

Was that all the bill including in a written quotation?as what some solicitors do is charge 50% upfront, best to check your quote.




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