Snagging surveyors

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18 May 2009 8:29 AM by lizh Star rating in Estepona/London. 161 posts Send private message

Don't rely on guarantees! Fingers crossed we won't have to call on our 10-year stuctural guarantee because we have no idea who the insurance company is. We thought there was also protection from the developer undertaking snagging, plus three and five year guarantees. We had no response to our request for snagging defects  to be fixed in 2006 and have taken developers to court. We also thought that we were covered by the 3 and 5 year guarantees we'd read about.

This is what our lawyer has just told us.

"I confirm that the ten year insurance does not cover the reparations that you need. The one and three year insurance is not yet an obligation for the developers even if it is stated in law their responsibility during this periods for damages."

Also the law doesn't always help..

Regarding the lawsuit (presented a year ago), at this stage I am sorry to inform you that there is no progress what so ever. The number of the process in the court number 1 of Estepona is XXXXXXX  but we have not received any communication. As you know, Estepona is unfortunately the worst town to litigate but we could not choose. 

Remember Dockens' Jardine and Jardine. 



_______________________
Lizh



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18 May 2009 12:44 PM by Surveyor Costa Blanca Star rating in Valencia. 10 posts Send private message

I am pleased to see your posting on this Lizh.

I had a client this week cancel a survey because the agent had told them that a house was 'still under the 10 year guarantee', when I sent the client an article on just how worthless the 'guarantee' can prove to be, they re-booked the survey.

The only way to minimise future problems even on newbuild properties, is to get all defects assessed and corrected prior to paying final monies over to the developer. If the developer won't correct issues in order to complete the sale, they are hardly likely to jump to it post completion. Last week I witnessed a developer refusing to carry out just €1000 of relatively minor repairs prior to completion and final payment on a E600k villa. I have other clients taking the same developer to court for ignoring defects.

Buyer's should not be bullied by developers or agents, and developers and agents should realise that the 'bad taste' left with many purchasers (and their professional representatives) will result in very negative publicity and be of detrement to future sales, costing them far more in the long run than it would to have a couple of competent subcontracted workmen putting things right and keeping the buyers happy.



_______________________
Mark Paddon BSc Hons Building Surveying. MCIOB. Advantage Building Surv...



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18 May 2009 1:14 PM by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 posts Send private message

Vip Supporter

 

Mark I absolutely agree with your comments here but there is a more fundamental issue where changes in law, and the support of a good independent lawyer, is required
 
First of all there are no legal grounds, apart from serious structural defects, or if the property fails to meet the agreed specification,  on which a buyer can retain any money, or refuse to complete, on a new property, based on normal snagging defects
 
Next there is no legal obligation that requires the developer to even allow a property inspection prior to completion
 
I always think that there is value in getting the property checked by a professional even before you come to Spain to complete but the normal process operated is that developers will typically only allow inspections 1-2 days prior to completion
 
Many developers won´t even consider snagging repairs until after completion and I have many examples of paperwork that specifically states repairs will be completed up to 30 working days after completion, this clause written in Spanish on the form the buyer is expected to sign
 
We all know the situation regarding some lawyers relationships with the developer or agents, the stories regarding BG and deposits taken without planning consent
 
I know from operating for the last 5 years in Spain that the developers don´t worry  about negative publicity as the law is on their side
 
Also I have seen some real success in disputes like this by involving OMIC the Spanish consumer organisation and getting tem to investigate by using The Compaints Form system


_______________________
Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748



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18 May 2009 6:40 PM by lizh Star rating in Estepona/London. 161 posts Send private message

Thank you for this information. Where do I find OMIC? (Or is that OMiG!) Lizh

_______________________
Lizh



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18 May 2009 6:42 PM by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 posts Send private message

Vip Supporter

Check  on the web and they are normally at your nearest Town Hall



_______________________
Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748



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19 May 2009 6:38 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

OMIC means Local Office for Consumers Information. You can find here  the  map of the net of offices all over Spain: http://consumo-inc.es/directorio/interior/omic/omic.htm



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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23 Jun 2009 7:27 PM by Anjinsan Star rating in Kildare. 62 posts Send private message

Anjinsan´s avatar

Hi all,

I am just completing the purchase of a property in Spain and used Roy Howitt of InspectaSpain for the snagging of the property.

I recommend Roy's service to anyone looking for a professional and thorough job in getting your property properly checked out . I also found him very helpful and full of good advice in all aspects of owning a property in Spain.

 





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