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Legal tip 127. Beware of distressed properties on sale
Some distressed properties are being sold by developers/ agents, whose initial buyers did not come to the completion of the property ( due to lack of finances, developer´s delay or any other cancellatory breach...),at a much reduced price: the fall of the market and the fact of a 30% deposit being already at the seller´s pocket make this possible.
The danger is here: the 1st buyer still has on the property:
- 15 years to act for contract cancelaltion and refund of money paid ( if there is ground for contract cancelaltion) or
- No deadline to finally buy, as long as his contract is not cancelled the buyer keeps buying rights on the property.
Imagine you buy ( 2nd buyer) a distressed property now and in two years´ time, once there is some recovery in the financial industry, the first buyer wants now to buy what has been offered and bought by you at a much reduced price. According to a contract he has with developer and which has not been formally cancelled, he has buying rights on the property you also bought:
What would you find then? Yes, a crime by the seller but.... a nightmare for you as a Judge might end up passing a decission by which the initial buyer has rights to buy and you just a judicial action against the criminal seller for the money you paid and .... no house.
It is always advisable to have a good independent lawyer. Believe me!
Maria
web@costaluzlawyers.es
www.costaluzlawyers.es
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Hi Maria,
Is it still possible to buy a distressed property without getting into deep trouble if the buyer has a good independent lawyer?
Thanks.
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I would not recommend buying any distressed developer properties unless you want community headache for years to come.
If you want distressed look for re-sale only and you will know exactly what you are getting into.
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"If you want distressed look for re-sale only and you will know exactly what you are getting into."
Ah! But just suppose the seller of this re-sale property falls into Maria's nightmare scenario below, in that the property they are selling was itself a distressed purchase, therefore they are selling a property which potentially isn't there's to sell in the 1st place?
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www.andalucianstyle.com
Me, the Mrs and Rosie too! But we'll never, ever forget our Tyler!
We support AAA Abandoned Animals Marbella - Do you?
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I think from a legal angle you are ok if you buy in good faith .....
But the point I was really trying to make was distressed developer unsold units etc can be absolute nightmare properties whcih soon takes the flavour off any bargain price!
ie - facilities not finished, construction defects, community debt problems
So unless a buyer wants to spend the rest of hs life on this forum discussing his legal position and who is responsible etc I would suggest avoid ...... unless you are some type of speculator.
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Faro,
Yes! I agree with you.
I also would not purchase a distressed property from a developer.
If you want a good bargain, then a good re-sale or bank repo is the way to go!
This message was last edited by TechNoApe on 30/09/2010.
_______________________
www.andalucianstyle.com
Me, the Mrs and Rosie too! But we'll never, ever forget our Tyler!
We support AAA Abandoned Animals Marbella - Do you?
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Yes i agree it could be very risky i have decided to hold on to my property as it is in a great position and is making me money on the rent 11k per year it would be nice to get capital growth but we are talking 10 years plus its another pension fund for me so im happy.
Most of these distressed properties are poor developments anyway and the worst units on the development
They have lots of people not paying fees even the banks are not paying the fees i here which makes for an even worse scenario.
Anyone wishing to buy a bargain have a look at this http://www.eyeonspain.com/Property-for-sale-details.aspx?ref=SP1152 its a bargain well established well run community no issues and well built.
Rod
This message was last edited by rod on 30/09/2010.
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Sanchez well spotted it should be 165000 euros still cheap though
Rod
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I find many of the new developments to be lifeless and lacking character - lacking people also - and those you do come across are miserable because of community debt and lack of services - surrounding infrastructure is lacking - ie absolutely nothing in walking distance.
An older development is the complete opposite - friendly people - mature gardens - and generally very few community debts - and plenty of bars and restaurants in walking distance and also the beach is probably within walking distance.
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RE....
Anyone wishing to buy a bargain have a look at this http://www.eyeonspain.com/Property-for-sale-details.aspx?ref=SP1152 its a bargain well established well run community no issues and well built.
Faro i completely agree our community is 5 years old and is still improving the main thing is things take time in Spain ,also a good administrator is important to have we have debtors like most communities but after you switch of the water they soon pay or leave
I have seen some really poor built property but if the people pull together its amazing what can be achieved a development called Angel in miraflores was like a communist block of flats when first built but now with hard work it has vastly improved and is doing well.
Many thanks
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I believe it's illegal to cut off anyone's water - but that's another subject for another thread.
Many good points made here, especially about lifeless, shoddy and remote urbanisations lacking infrastructure. If you search back through my posts of a few of years back, you'll find I used to bang on about these places quite a bit! I think they are the property equivalent of junk bonds. They are possibly also a large part of the reason the property market went the way it did. (boom & bust)
Very good point too about communities in new developments, especially where there are still unsold units. Nightmare situation, and when the administrator appointed by the devloper is "connected" in some way, potential disaster. Even when the owners have chosen to replace the original admin, it can take ages to sort out all the mess. If you're looking for a bargain investment, stick to older properties in well established areas, and try to find out as much about the community as possible before buying.
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"Get your facts first, then you can distort them as you please"
Mark Twain
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Hi Rod,
You say "my property as it is in a great position and is making me money on the rent 11k per year"! Is this through short term lets or longterm lets?
Angela59
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_______________________ Angela59
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Angela
I only go for short term lets mainly because these people tend to treat in my opinion a property better they have a plane ticket to come home you see long term rentors i have little experience of but i here so many people getting squatters in when using third party agents ,and in nearly 100 rents the worst things have been broken crockery my record is 205 days a year but i do spend £800 on advertising
Hope this information is useful
Rod
See if you can pick up some ideas from this
http://www.eyeonspain.com/Property-for-sale-details.aspx?ref=SP1152
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Hi Rod,
I have my property 5 years and have only just started to rent it out this summer and am pleasantly surprised - so going forward I want to try and grow this if possible. Mainly Finnish people renting even through the winter. Do you mind or could you recommend any websites to advertise it. Thanks so much for your help.
Angela59
_______________________ Angela59
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Angela try
Holidaylettings
Holidayrentals
Homelidays
And a guy is just doing a website for me which should increase my rentals even further ,good quality photos are important if you havent got an eye for it a guy in marbella charges 200 pounds but well worth it and if the weather is no good he will just re-schedule.
www.holidaylettings.co.uk/9160 visit this site for ideas on how to present your ad
Thanks Rod
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Hi Rod,
Many thanks for that will take it on board and have a look at those websites - our apartment is based in costa blanca.
Angela59
_______________________ Angela59
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Forhotspot:
Of course yes. With the help of a good independent lawyer it is possible to buy great bargains in Spain these days.
Best wishes,
MAria
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Angela i almost forgot this site has 30000 members and i have recently subscribed to this so its early days but very reasonably priced here is an example http://www.eyeonspain.com/rentals/holiday/rp4561 Justin the site owner had a Hacienda sale which had a pack of very good offers and info just e amail the EOS team to see if it is still available well worth the money
Thanks Rod
This message was last edited by rod on 01/10/2010.
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