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This message was last edited by JeansSis on 5/4/2007.
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Hi thanks to both Maria and Jeanssis for both your replies.
Think the plus valia tax bit is allright, we have checked out most main points and also returned ourt own questions to the lawyer ie for him to confirm that we will not be responsible for any of the builders costs normally associated with them or electricity, contractors costs etc and had it confirmed that we will not be. The only thing was about the Bank Guarantee which I would never have checked out if it had not been for Eye on Spain website. It has been a great help to me to enable me to ask all the correct questions such as did the builder own the land, did he have permission to build etc etc, otherwise I would have probably made the mistake as I think many people with now major problems have, of going ahead and signing without really knowing what was going on. I also took everyone's advice and got my own lawyer and my contract IS NOT the one which would have came from the sales agent, it is on personal to me.
So thanks to Eye on spain and hopefully I have not made a hash of purchasing my property!!!
Sharon
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Jeansis: That clause ( the Spainsh Version making you pay the Plusvalia) is against Consumers regulations): null and void.
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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This message was last edited by JeansSis on 5/4/2007.
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And.. is the deed now duly registered under your names in the Land Registry? Do you have the Nota Simple? I am sure that you know that one thing is having the title with the Public Faith of a Notary ( Public Deed, Public Title) and a differnt thing is to have them duly and fully registered in the Land Registry. Very important in Spain ,as what is in the Registry is what you do have at the end.
Public Registry systems and roles in the UK and Spain are very different. Just in case you or anyone in the Forum didn´t know.
Good weekend!
Maria L. de Castro
www.costaluzlawyers.es
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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This message was last edited by JeansSis on 5/4/2007.
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Legal tip 166. No Bank Guarantee?: action against the Bank
20 October 2009 @ 08:41
New action against the Bank in case of lack of Guarantees of Law 57/68
I had had a legal instinct for this since I started working in this type of cases , and have been trying to see, and to see, and to see and I finally saw:
If the Promoter opened a special account where they deposited the amount of your purchase off plan and the Bank did not give bank guarantees or checked out that those guarantees ( also possible through Insurance contract) existed,THE BANK IS RESPONSIBLE in accordance to provision 1.2 of said Act for the devolution of handed amounts plus legal interests if the works are not started or completed on time.
A great solution for many purchasers who lacks Bank Guarantee and a way to start building up a more risponsable financial system! It is about time to this.
www.costaluzlawyers.es
Madrid, November by Martius at Flickr.com
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Sorry, but it seems to me that a lawyer should check all this. Like the name of the company and everything related to it.
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Goips:
What do you think that needs to be checked?
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Thank you for sharing this..
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Thank you for sharing this..
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In recent years, both the law and the applicable Case Law on this matter have evolved significantly.
Currently, there are three different ways to claim in cases of non-completion on time of off-plan purchases: against guarantor entities or insurers, and against entities holding the amounts paid. This is an ever-evolving science, as the Supreme Court is constantly refining its doctrine with varying degrees of accuracy, and the Provincial Courts do not always follow what has been established - in our opinion, very erroneously by the Supreme Court. We have filed complaints in this regard with the European Commission.
I will be delighted to answer all your questions; it is a matter on which we keep very up-to-date information, a professional passion! The EyeonSpain forums are where these novel claims were born and developed over the years!
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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