Licence of First Occupation- What Happens if You Don't Get It?

Hi,
My position at the moment is, flat has been released by builder and I'm in the process of completing.

Someone else who has bought through a different company from me, but in the same phase has now been told she will not get her licence for at least  6  months.

I have it written as an annexe to my contract that the builders have agreed that we will not sign the title deeds without this.  Meanwhile I have written to my lawyer to find out if out licence is available and I am waiting on a reply.

I have written also to people in the previous 2 phases of this build and they only received their licence this year, TWO years after completing.

What should I do if told the licence isn't ready...should I wait and wait for maybe up to 2 years before completing or what would happen if I completed without the licence...what could go wrong.  Please advise...I thought I did the right thing getting it on my contract, but obviously if the licence isn't there, it isn'e there!

Thanks, any info would be appreciated.

Sharon

 Spam post or abuse? Please let us know

Do not sign without FOL. Even if the Notary agrees on that.

 Spam post or abuse? Please let us know

Hi  leeabby
What Maria has recommended is or course the correct  legal advice any reputable solicitor would give.
Now ?
What does your solicitor say regarding your individual situation on this development ?
Is there a danger that the developer could go bankrupt while waiting for the licence ?
What would happen to your deposit if they did go pop?
If they went pop are you happy that a bank guarantee would pay your back you deposit.?
If your case is taken to court and you lost are you aware that some developers are claiming lost interest etc ( I only say claiming)
Is this property what you want and do you want to complete ?
What is holding up the licence?
Are their issues that could stop a licence being issued?
Are the banks lending on this development ?
Are you moving out to Spain to this development.?
What happens to your deposit if they knock the development down ? (it completed so the bank guarantee may then be void )
Why not consider completing if thats what YOU want and have a clause entered or a sum held pending the issue of the licence ?

PERHAPS MARIA COULD ADVISE IF THIS THIS COULD BA ARRANGED.

SORRY BUT WHILE THIS ONE FITS ALL IS THE CORRECT UNLESS YOUR PARTICULAR CASE AND DEVELOPMENT IS CONSIDERED THERE ARE MANY NOW THAT HAVE TO TAKE THEIR OWN VIEW.( and that may mean stepping outside of the block)
This includes what you are doing and getting advice from several sources so as to make an informed decision.
ON THE OTHER COIN THE DEVELOPMENT MAY BE REFUSED A LICENCE/THEY MAY KNOCK IT DOWN AND YOU MAY NOT BE ABLE TO SELL IN THE FUTURE.
GREAT CHOICE


Could be a case of damned if you do and damned if you dont.

THIS IN NO WAY IS INTENDED TO STOP YOU TAKING MARIAS ADVICE BUT SOME HAVE TO HAVE A PLAN B OR C
Good luck

Dan



This message was last edited by Just Dan on 6/3/2008.

 Spam post or abuse? Please let us know

Can anyone tell me what documents I need to take with me to collect
habitacion certificate from town hall.

 Spam post or abuse? Please let us know

I would think NIE & copia simple. Our President handed ours to us so I'm just guessing, Gypsy, sorry.

 Spam post or abuse? Please let us know

Just your passport and your private contract will suffice. Anyhow, your developer must provide that to you too.
Best regards,
Maria L. de Castro

 Spam post or abuse? Please let us know

Hello Maria
We have asked our lawyer a few times now to get our deposit back because the wait is so long and the builder still does not have the FOL . the property was finished in Jan 08.we told our lawyer we would not complete without OLF.We would just like to have all our deposit back as we have found the wait which is 21 months .When we signed back in Dec 06 we were told the expected build date was for june /sep of 07.
There is a builders guarantee on the property.How do we go about getting a return of deposit.As our lawyer does not seem to want to know.
Thanks Marca

 Spam post or abuse? Please let us know

Do you have a Bank Guarantee ? Yes: ASk your lawyer to execute it.
                                                             No: Ask your lawyer to initiate dealings for cancellation ( Breach of contract: delay)

If by any reason, you would end up completing... you would be entitled to price reduction as a compensation for delay.

Best is possible.

This message was last edited by mariadecastro on 8/29/2008.

 Spam post or abuse? Please let us know

We completed the purchase of a new detached villa on Mazarron Country Club in March 2006. We were assured by our solicitor that the developer, Huma Mediterraneo SL was highly respected and that the certification of first occupation would definately be issued soon after we completed. Unfortunately, we and most other people who have bought are staill waiting. Some have been waiting for 4 years now. Do we have any claim against our solicitor in respect of his advice for us to complete? What other action can you recommend? Is there any chance of us getting our money back at this late stage? Is there a professional body regulating the actions of lawyers in Spain similar to The Law Society in the UK?

Terry & Sue

 Spam post or abuse? Please let us know

2Consejo General de la Abogacia Española"

and if your solicitor is from Murcia area: 

"Ilustre Colegio de Abogados de Murcia"

 Spam post or abuse? Please let us know

 Further to Alicante Lawyers advice, ..you'll get absolutely no where with the Collegio de Abogados.  If you do want to try though, your complaint has to be written in Spanish.

 Spam post or abuse? Please let us know