How do you get snagging done post completion?

Hi all,

Has anybody had more luck than me finding out why O-P has charged all the IVA tax upfront.?

This is one question that was put to Ben P, but he never replied.

 

 

Hi Wilma

This is the reply from Ben

Hi Dan,

Thanks for clarifying. As mentioned below, the whole amount of IVA was to be paid within four months of signing the contract, as per the contract stipulations. Would it help if I could get a blank contract copy to you?

Regards,

Ben.

 

 

 NOW ?   This is an issue that must be taken up with the solicitors that advised clients to sign.

1 What has happened to this I.V.A which has been paid to O.V.P or the developers,has it been paid to the tax authorities.

2 Why charge for a service or product that has not been supplied.or may never be supplied.

3 If tax authorities havent been paid this I.V.A and either O.V.P or the developer ceases trading then surely the tax will still be due and the onus will go back to the purchaser as its still tax due.Personally I dont think the Spanish authorities will be sympathetic and IF they havent had their tax then the fault may be with the purchaser and the contract he signed.

I really dont like this situation and it would be great if someone could confirm that this is legal.

The feeling I have is that the contract was entered into with this clause and both parties agreed.

Dan

This message was last edited by Just Dan on 3/3/2008.

 Hi Wilma,( and anyone else it may concern.)

Anyone who paid IVA upfront on the total purchase price  of their apartment or villa should contact the Spanish Tax Authority and find out if this money has been paid over to them. If they have not received it then the developer has defrauded the Tax Authorities .   I would hazard a guess that the clause in the purchase contracts* is illegal. Many contracts had/have illegal clauses. Our own *PC had seven!

Perhaps Justin could assist in pointing you in the right direction of the appropriate Tax Office for the region you bought in.

Hi Tish,

Thank you for your reply. I will do as you suggest & contact Justin for his help.

 

 

 

Hi Wilma

I have been requested and very willing to point out that the I.V.A payment on the total purchase price is 14 days on this development  following payment of deposit.

4 months period relates to Manilva Beach where indeed I made the enquiry and question to Ben.

 

Dan

This message was last edited by Just Dan on 3/4/2008.

Please can you clarify this Dan - not sure what you mean.

Are you saying that the IVA on the TOTAL purchase price was due 30 days after the deposit?

 

Cheers,

Helen

 

Hi Helen

Reservation fee plus  I.V.A

Payment of the 30% deposit( less reservation fee) plus I.V.A

30days from the deposit stage the I.V.A is payable on the remaining balance example you pay the I.V.A on the 70% which you would pay on completion.(this is Bens reply to my question)

What if there is no completion as while your development  may be legal ( think you will ensure it is ) There is one development that may never be made legal.

Just cant get my head around how a TAX can be charged on a service or product not supplied.This is a large amount of money and if the development is delayed then what about the interest on your money?

WHERE IS THE MONEY? ,PAID TO THE TAXMAN ? IN A CLIENT DEPOSIT ACCOUNT?

Please be assured that this is not looking for problems as we all have enough to deal with as it is.

However to move forward issues like this need sorting and the open forum is ideal to allow everyone to seek any advice they see fit without trying to cause any additional concerns that may or may not apply to their situation.

Dan

 

This message was last edited by Just Dan on 3/4/2008.

This message was last edited by Just Dan on 3/5/2008.

Strange - I didn't pay IVA up front .  Only on the deposit amount.  I know the rest is due on completion but I was never asked for the IVA up front.

I expect the people who did pay it up front will be taking independent legal advice.

Helen

 

Hi Helen

As the plot thickens ? Did you use an O.V.P recommended solicitor or an independent.

Am only guessing but these contracts are open sometimes for good solicitors to change conditions or clauses and maybe yours did that.

What ever think you may agree that this issue needs clarification so everyone knows where they are in their particular case so the path forward can be sought.

Dan

It wasn't my solicitor that agreed this - OVP only ever asked for the IVA on the deposit.  I thought I was badly done to as I have friends who didn't even pay any IVA at all (not even on the deposit)!  They agreed with OVP to pay all the IVA at the end.

Helen

Precisely why everyone should seek independent legal and financial advice, TODAY !

 

Hi All

Just to put the record straight the I.V.A on the remaining 70% completion figure was due 30 days from deposit and not 14 days as posted on this development.

Dan

Hi, i have brought one of the apartments in this development, and have just returned from a site vist, there is no way in a million years the first phase will be ready at the end of April like i am being told. I would estimate "being a builder myself" that they have atleast 4-5 months of work before phase 1 is even compleated, not alone phase 2 and 3.  The finishing is terrible and the walls of the apartments have been finished in artexing which looks cheap. kitchens have been fitted and to be fair look very nice. Apartments are a lot smaller than i had been lead to believe and i have a great view of the block infront of me instead of the sea, which again i had been sold on.

Wolud be very interested in your thoughts on the matter.

Regards