San Jose into liquidation.

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12 Dec 2017 2:40 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Ads:

From the administrative ( Urban Law) point of view, those houses should have never been habitated so no Community should have been formed.

Buyers might have agreed to form Community despite the illegal status of the houses. Those agreements are binding from the civil point of view.

In regards to installation of utilities, it fully depends on agreement between buyer and developer



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


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12 Dec 2017 4:35 PM by briando55 Star rating in Yorkshire. 1982 posts Send private message

Hi Maria, thanks for your continued input.

This is a 'left field' question but.....I just wondered what happens to the land the builders once owned for these developments, do they then belong to the banks as preffered creditors or something of that nature?



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12 Dec 2017 5:13 PM by ads Star rating. 4135 posts Send private message

Good question Briando and thank you Maria.

Also Maria you observed "In regards to installation of utilities, it fully depends on agreement between buyer and developer".

Is it not a standard requirement for developers to make provision and installation of utilities in Spain prior to purchase? I thought the architect had to sign this off as part of his due diligence for the units on the  development?

Does this therefore also become part of the standard due diligence of conveyancing lawyer to ensure this is done prior to purchase? 

Without provision and installation of utilities the property is in effect incomplete and not habitable is it not? Shouldn't this be a mandatory provision for any purchase contract, otherwise it becomes yet another loophole for developers to exploit?


This message was last edited by ads on 12/12/2017.


This message was last edited by ads on 12/12/2017.



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