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Spanish government sets out to help British property owners
January 28, 2011 • Lead2, Property • 0 Comments
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FINALLY some good news for British property owners in Spain.
The Junta de Andalucia has announced that it is tackling the large number of properties in the region that have been built illegally and legalising properties where possible.
In some cases a minimum licence will be issued allowing the property to remain even if it is not incorporated into the town plan.
The Spanish government has also reformed the Criminal Code, which means tougher penalties for town planning crimes.
Public officials will now face hefty punishments for allowing any illegal properties to be built and will have to pay any costs incurred to restore the land to its original state.
In addition, all purchasers, whose properties have fallen through, will have the right to demand refunds from banks that guaranteed the construction of their home.
In the past, a number of banks had found ways to avoid paying.
This message was last edited by belucky358 on 30/01/2011.
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Thanks Belucky.
Does this mean that for those who have proven breach of contract, if the provision of Bank Guarantee was written into the contract, but the detail of the Bank concerned and the special account details were negligently ommitted by the conveyancing lawyer, that the Bank where monies were deposited will be made accountable once the lawyer identifies where monies were placed????
Note it is then in the lawyers' interest (and legal obligation) to ensure that these details are provided to the purchaser so as to identify the Bank responsible from the outset ,so that action can be taken against the Bank.
If these details are not provided by the original conveyancing lawyer then surely the lawfirm can be made accountable for their negligency in this regard.
This message was last edited by ads on 30/01/2011.
This message was last edited by ads on 30/01/2011.
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Hi Belucky
Where did you get this information from?
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This is all very interesting.Perhaps Maria will shine some light on how this will affect the people taking action to reclaim their deposits, both with and without the obligatory bank guarantee.
_______________________
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_______________________
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I can find no other reference to this announcement from the Junta de Andalucia on the web anywhere. Where did Olive Press get it from?
I'd really like to know more.
Any keen eyed sleuths out there ... ?
Ruth
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Ruth,
Under the contact numbers for Olive Press is the following
EDITOR:
Jon Clarke
jon@theolivepress.es
Tel: 691 831 399
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Sandra:
I have been looking to the source of the new and cannot find it publiched anywhere esle... does someone ?
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Thanks Ads.
I've sent an email to the Editor requesting his source. Lets see what comes back..
Ruth
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I have not seen this report anywhere else.
At the end of the Olive Press report it says:
In addition, all purchasers, whose properties have fallen through, will have the right to demand refunds from banks that guaranteed the construction of their home. In the past, a number of banks had found ways to avoid paying.
I don't think this is anything new. Reading between the lines the important words here are:
'banks that guaranteed the construction....'
I think they mean that if you have a Bank Guarantee then you can demand the refund from the bank who issued the Bank Guarantee. Of course we already know this.
But then they say: 'In the past, a number of banks had found ways to avoid paying'.
I think here, without specifically mentioning it, they are referring to the Cantabria Appeal Court decision from 25 Nov 2010 in which the Judge made some very important comments regarding the liability of the Banks. This Case Law is very significant and has been covered in detail on other threads.
It will be interesting to see what the Olive Press Editor says.
Kind regards
Keith
_______________________
LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE
  
fpag@btinternet.com
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Well, what did I expect? There has been complete silence from the Olive Press editor. However …
… maybe the Olive Press was picking up on Housing Minister Beatriz Corredor’s statement reported in our Telegraph today (but it doesn’t say when it was made)
And as for this quote from the article, “Nick Stuart, a British estate agent who runs the website Spanish Hot Property, said: "There are huge bargains to be had there, such as villas in Marbella that are almost at half their previous prices. "Get a decent independent lawyer and make sure that the property rights and bank guarantees are in place. Ninety five per cent of these horror stories could have been avoided." “
That’s exactly what we did and 8 years later what have we got? Headaches and penury. And absolutely no chance of a place in the sun for us. So please, don’t mind him.
The Telegraph points to other articles written previously. There is this:
British government intervenes to help expats caught in Spanish property scams
And I quote, “The situation is so severe that the government recently appointed a special overseas property advisor to help deal with it and to better understand the problems of those involved.”
Who is this person? And where do we find her/him?
Ruth
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ruth
where is that person indeed???, and what action has been taken on behalf of all those from the UK so clearly robbed and cheated. What about human rights abuse????. I would love to hear from this person!!
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