Re-sale but no Habitaion Licence !

Can anyone tell me how to move forward with a purchase  PLEASE!!!A

Our lawyer has all paperwork so far , now it tranmspires the Lawyer (who is Pwer of Attorney) =says she cant get a Ceruda , Habitation Licence , the house has been on market for about 6 years, looking a bit sad and neglected but it is habitable , know we believe the present owner , who has been in UK for 6years with Alzeimers sadly , did not appear to have her own Habitation Licence so its not a case of getting a new one !

Our Lawyer advises not to buy until this is obtained , he says no property should be sold without one , kits now illegal to sell , situation is , we want the house, it needs a bit of renovation and need to get a Habitation Licence to enable utilities to be connected for building work , can our builder do this and how will be be sure a Habitation Licence will be isued once all the work is done , as we want to stay in the house at times while some works are going on will we be allowed to?

It seems a catch 22 , no Habitation Licence no can sell , no one can buy and the Ownner is in UK unaware and the Lawyer with the Power of Attorney can`t be arsed to sort it out it would appear , that or won`t do , meanwhile we and the poor unsuspecting Owner are racking up Lawyers bills and now we need to find a way to get this moving and Legally !!

Doe anyone have sound Legal advice on this PLEASE !!!   ThANKS EVER SO !!!XXX

is there gold or oil under this house?

You've been posting about it for at least a year.

I suggest you engage a good lawyer to do searches and tell you what can be done.

Oh dear , here we go ,a comedian rather than some interesting and constructive advice, its morons like you that put real people off using these forums for proper advice and sharing information !!

What has happend actuall is that the Owners Lawyer has Power of Attorney, this said Lawyer has in fact taken FOREVER to reply to our Lawyer , hence the LOOOONG drawn out process , ok , is that enough info for you ?!

The house is worth the wait while we hope things can be sorted out , please , real helpful advice only , no more silly purile childish comments, it really does not help anyone , only shows what a poor boring git you probably are , now p..s off and leave the Threads to grown ups who are seeking help and advice , you Brit Morons are EVERYWHERE !!

 This thing with the Habitation Certificate seems to crop up on a regular basis, especially in the last 18 months.  Houses were being sold with no problem up to then regardless of the certificate.  It seemed the norm to move in and await the certificate being issued some time later.  Our solicitors said it was up to the town hall to issue them but no help from them, either.  Trouble is, even if the house has water and electricity supplied, the utility companies won't transer the bills to another name without the certificate.

Try contacting your town hall.  They may require an inspection and certificates from the electric people before they issue one and, if your solicitor is dragging his feet, get another one.  

Si you are always so polite - that's probably why people rush to offer you helpful advice.

But  this is not a new build we are talking about. I get the idea from your previous posts it is an old building?

It may be if you really want this property then you have to buy after making enquiries as to sate of play and what can be done and then deal with it on or after completion.

Si, where is this villa you are trying to buy?

We bought our house without a certificate, we already had water and electric and the suppliers changed the contracts to my name with no problem, this was however in 2006.

We now have a habitation certificate, I applied to the town hall with all the required documentation and it was issued in a month or so.

We live on rustic land and we do not have 10,000 sq metres, they still issued the cert, though.

Get a good lawyer in the town where you town hall is, they should be able to get a cert. for you if you can't get one yourself.

 Yes, obtain habitation and all required licenses before completing. No other advise.

Thanks to you all for the advice , its not our Lawyer , they are excellent , been having to email numerous times over months to Vendors Lawyer who seems less than efficient and econmical with the truth too , our Lawyer is really fed up with the other one but ours has his hands tied, the Vendors Lawyer seems to have total control as Power of Attorney , bloody hopeless and very unhlepful to boot! Water and Electric are connected but as one rightly says , wait until we try to have those in our names, nightmare city !!

We could not praise our Lawyer enough, Boas & White in Denia, been very patient and sdound safe advice but nothing they can do , or us it seems !

Can our Lawyer apply for a Local Town Hall Technical Architect to do a report and inspection , how much would that cost , we could try to get it done and deduct from the agreed price in the Contract ?

Cheers all !

How much do they cost as ours is not in the Town Hall and we are currently in the process of trying to obtain one?

Monica

Si

Your lawyer is reputable but I believe Marc White is now based in the UK.

But Baos White should be able to make all necessary enquiries as to state of play and what is possible in terms of this property.

Quite often the vendor's lawyer does not do a great deal and says "you want it you deal with it".

The price may well reflect the condition/state and the vendor may not wish then to spend money legalising or sorting paperwork out etc 

Have you said what type of property/land it is you are buying and when it was built etc - it woud help to know exactly what type of property it is you are buying. The fact it has water and electricity is better than not having as they can be expensive to install/connect to mains etc

You either walk away and find another property or find a way to move forward.

The house is an old stone one in a village in Val De Gallinera , semi with a garden in an established hamlet of Moorish origins, owner lived there for over 20 years , our concern is , if the Vendors Lawyer knew it did not have a Habitaion Licence why was she demanding a daposit before she would confirm this, one wonders what the game is, other people we have been now informed have had to walk away after paying Deposits and incurring Lawyers fees , they all loist money one supposes.

Our Lawyer was told if we don`t pay a deposit then they wont do anything regarding sending papers to our Lawyer , we refused , we even offered to pay for the debts and Habitation report etc up front on the basis the deposit was lodged with our Lawyer and not the Venodres Lawyer , needless to say they refused and demanded the money sent to them , no way , we had smelt a rat by then , funny thing , our Lawyer had n o replies until we offered this, very quick to reply with a big NO , money must be lodged with Vendors Lawyer , up to then despite numerous emails to Vendors Lawyer ours had been constantly ignored , took 2 months before we heard a thing !Not a very professional attitude , especially when this particular `Lawyer has full Power of Attorney and seems intent on delaying and now  blocking a sale and refusing to reply to any reason from our Lawyer , not the way a Lawyer should react one thinks?

Have sent copies of emails to owners son who is going to look into what is going on, oh , one other thing , son was told the offer was 1000, Euros less than we had agreed on with the Agent , so add that to the 5 % of the sum the owners son was informed of and its quite a nice figure in `comission ` !

It looks as if we will be looking yet again but after so long on this saga and so long looking for the right property we are now of the opinion that Spain is truly f.....ed and too dodgy to deal with , even if a Spanish Minister pleads for people to buy in Spain, forget it , too much hassle, we are thinking of looking elswhere, wher buyers are treated with respect and courtesy , not like Agents and Lawyer are doing us a favour while they screw us too, apart from our own Lawyer who has been very sound in his advice , even if he is fed up with us and the hassles with this sale.

Keep the replies coming guys, would like to hear of anyone with same problem and how to get round it !!