Legal Questions Podcast With Maria de Castro

Podcast: Your legal questions answered by Maria de Castro - March 2011

2011-04-01T13:31:44

Today we bring you the seventh podcast recorded with Maria de Castro of Costa Luz Lawyers answering your legal questions relating to you and the law in Spain.

Simply click the play button in the player for the question that you are interested in listening to.

If you would like to submit your own questions for Maria's next podcast then please follow the instructions at the end of this post.

Q1: My mother and i bought a property off plan with Atlas international in 2005 and the property was completed and paid for in 2006. However, the builder has a mortgage outstanding on the property as he failed to turn up at the notary to sign the escritura over to us...

Q2: I am in the process of purchasing a small apartment on the Costa Del Sol. As the property is in very poor condition I have managed to buy very cheaply. When the purchase tax is due...Do they value the property in its current condition or do they estimate by the location?

Q3: My son bought a property in joint names with his wife and they took out a joint mortgage with BBVA. They have since divorced and as part of the settlement his wife took the property and ownership was transferred solely in to her name. The property has recently been repossessed by the bank and it has now come to light that my son is still named on the mortgage and is being chased by the bank. Is this legal? We all assumed that when the Spanish lawyers dealt with the change of ownership that the mortgage had been transferred in to her name only.

Q4: We bought our apartment in 2007 from the owner of the complex. He was selling all the apts privately but previously this complex was used by a tour operator. We bought through an estate agent and we bought only after been told that this complex had a tourist licence by both the owner and the estate agent. All the people who bought apartments were told the same thing! Now we are told that the tourist licence ran out and was never renewed after 2007 and as there are some permanent residents living there we can no longer renew the tourist licence. Is this true?

Q5: I have won a court case on appeal against a developer who apparently have gone bust but after 5 years and lots of costs I am no nearer recovering my deposit and my solicitor is asking for more funds to try and get to the directors, am I wasting my time and money.

Q6: I understand in Spain that inheritance tax is paid by the recipient. Can you tell me how much this is?

Q7: I recently sold a property in Marbella & the lawyer kept 9950 euros to cover any capital gains tax which may be applicable. I have filled a form in returned it to the lawyer to claim my money back. Is it a formality for me to get my money back?

Q8: A friend has said that once you reach pensionable age and have residency, you do not have to pay tax, is this correct?

Q9: My wife and I moved to Spain in 1999 and moved into a house inherited by my wife from her father. This December we had taken from our account, without any warning or notification, the sum of 422 Euros. This was app. from the tax office as payment of tax by non-residents. Is this correct especially in respect that no notification was given and no communication or receipt has been received?

Q10: I purchased a property and paid all the stage payments on the due dates, when I was advised by my abagado to send the final payment I did so. I then recieved a reply stating that the builder had taken out loans with a bank which he could not repay and I was told I would have to make an additional payment urgently along with my final payment to the bank that financed the builder, this additional payment was for 24000 euro. I was told if the payment was not made then the bank would place an embargo on the property and auction it off. My question is, if spanish builders can take out loans on properties that are sold and under construction and the buyer does not have to be informed of such loans, then is the contract between the builder and the buyer a worthless piece of paper?

Q11: I am president of a community. We have a dog ban on people who rent properties. A renter now has a dog and she has been informed on a number of occasions that she is not allowed to have a dog. The owner of the property has also been informed. It is a large dog and frequently brakes from its chain. It then runs around the community gardens and leaves excrement in different places. What can we do about this?

Q12: Our property has been repossessed. We have never been to court or yet received an eviction notice? The bank has informed Suma that they have registered their bank on the Padron from May this year? Can a bank register a padron on our property.

Q13: Is there a time limit imposed on the Banks when they must pay out from the time you claim refund on your Bank Guarantees?

Q14: Our apartment in Isla Canela is classified as "turistico" - what difference does this make? We do not rent it out.

Q15: Is it illegal for the committee and administration team , of a communidad to put up a list of debtors on the complex’s notice board, for everyone to see?

Q16: Our friend has had their home repossessed, can the bank dispose of her personal belongings without telling her? Even photos?

Q17: Where a property is sold for less than the purchase price, (due to the economic slump), is the 3% retention still deducted from the sales price?

Q18: We have bought a property on a complex all the properties are different colours we do not like the colour of ours can we change it? We would change it to a colour already being used.

Q19: We have heard varying stories about the Inheritance Tax. We are both over 65 and our property is valued around 230 euros. Whichever of us dies first, the other inherits and when both of us die our two children inherit. Help please.

Q20: What is the cheapest way to make a will in Spain?

If you would like to submit questions for Maria's next podcast you can do so at:

http://www.eyeonspain.com/podcasts/maria/questions.aspx

We are sorry that we cannot discuss every question submitted due to podcast time constraints.

We hope you enjoy this podcast.

Podcast: Your legal questions answered by Maria de Castro - February 2011

2011-02-12T13:38:25

Today we bring you the sixth podcast recorded with Maria de Castro of Costa Luz Lawyers answering your legal questions relating to you and the law in Spain.

Due to popular demand, we have broken up this podcast into separate audios, one for each question. That way you can go straight to the questions that most interest you.

Simply click the play button in the player for the question that you are interested in listening to.

If you would like to submit your own questions for Maria's next podcast then please follow the instructions at the end of this post.

Q1: Under what legal authority are we able to see the books and records used to prepare the accounts for the Community?

Q2: We brought our property 6 years ago and became residents 5 years ago we are over 65 will we still be liable for capital gains tax some people say we are some say not. Any advice would be appreciated.

Q3: We have a Spanish registered car that we bought when we lived in the Alicante region, we now live if the Murcia region. What do we need to take to trafico in Murcia/Cartagena to register the car to our current (rented) accommodation?

Q4: Hi Maria, We want to hand our apartment back to the bank and use dacion en pago to do so. I have been told by the bank that they will still chase me to the uk for the remaining money outstanding on the loan. I was lead to believe this will only happen if i was in negative equity or i was being repossessed. can you help with this matter?

Q5: What legal procedures is it best to follow in renting a home long term in Spain and paying a full years rent up front?

Q6: I want to know that my bank guarantee is with cajamurica bank as builder did not build me my house, the bank had refused to return my money?? Is bank breaking the law????

Q7: I have read on Eye on Spain that we need to pay two taxes. The Council Tax which is taken out by direct debit and also Income tax. Nobody told us about the Income tax when we purchased our property. How do we pay this?

Q8: Please can you tell me Notario charges for registering 85k property in Spain? Also the cost of Land Registry for same.

Q9: My husband, myself, my brother and sister in law have an apartment near Granada. All our names are on the mortgage. When we receive our annual fiscal liability tax bill we pay €130 in tax and €495 in charges. Is this a tax on each person or is it to do with our apartment? Is there any way we can reduce this annual bill?

Q10: We are in the middle of a lawsuit against Aifos regarding an off plan property that has never even been started in Torrox. They owe us over 30,500 Euros including expenses. We have had two court cases in Malaga and do have a solicitor in Nerja but would like to ask you Maria, if you have heard anything about the position of Aifos to date? We know that they are in voluntary administration.

Q11: Myself and a friend have a joint spanish mortgage on a apt in Spain taken out 5 years ago, since then we have both married our long time partners and have never had a spanish will made, can you advise us of what we should do next?

Q12: Having won a case in the Supreme court of Alicante against a promoter (san juan Urbana) we have been told that it is unlikely that we will be successful in getting our money back as promoter is missing. Even though an embargo was applied our legal rep is saying (exact quote) 'all our requirements to the court to get information about assets free of charges are in vain'. I would truly value your opinion on this statement. I am sure there are others in a similar situation to us you may already know of this ongoing case against Gran Mirador.(4years now)

Q13: It was interesting to hear that a constructor has only one vote even though he may still own many properties. Does this also mean that if a property is is owned equally by three family members then they all have a vote each (3votes) at an AGM and also for any issues the owners agree to vote for?

Q14: I live on urbanization where we have finally each owner have received: "La Licencia de Primera Ocupacio'n -Ce'dula de Habitibidad." I have been paying annual payment - "Suma" for my home for the last five years even though we did not have the above Certificate. Can I claim this back now and with interest? If Yes Whom do I claim it back from and how as this amounts to a substantial amount?

Q15: What action can we take as our developer has now told us that as it is now 3 years since we signed for our property they will not complete any of the outstanding snags we have already reported.

Q16: We have a community where one of the residents is using her home to carry out 'castings'. She will interview and photograpgh up to 40 people in a day (sometimes all children, sometimes guapas, etc) I believe she is narrowing down applicants for adverts and the like. She only carries these out 4-6 times a year. And no one seems too bothered, until now. Another resident has taken great exception to this activity, and is asking me to ban it (I am the President). I have heard differing views as to whether or not I can put it to the Community to ban. What is the difinitive position in law?

Q17: We placed a deposit on an off plan property in 2005 with an expected completion date of summer 2007. the property was eventually finished summer 2009. In the mean time I have become a victim of the recession and gone from a very well paid job to now working part time at minimum wage. I cannot get a mortgage for anywhere near the amount now out standing to complete. What options do I have, if any?

Q18: We are looking at purchasing a company currently trading as an S.L. (sociedad limitada) registered in Spain. We will obviously need the services of a corporate lawyer if we proceed but would be grateful for any advice on the procedure and any pitfalls we should be looking for in the early stages of negotiation?

Q19: My apartment has various water leak and damp problems and as the building is within 3 years old my home insurance and the community insurance have advised me that the developer must carry out all necessary repairs inside and out. The developer is refusing to do all of these repairs and as advised by my home insurance I have sent a burofax (certificated) a couple of days ago to inform them that they must carry out all the repairs and also replace a damaged cabinet in one of the bedrooms that has been damaged due to the damp. My question is.. what should I do if I do not hear from the developer and if they still refuse to carry out the repairs and replace the damaged unit?

If you would like to submit questions for Maria's next podcast you can do so at:

http://www.eyeonspain.com/podcasts/maria/questions.aspx

We are sorry that we cannot discuss every question submitted due to podcast time constraints.

We hope you enjoy this podcast.

Podcast: Your legal questions answered by Maria de Castro - December 2010

2010-12-09T14:38:30

Today we bring you the fifth podcast recorded with Maria de Castro of Costa Luz Lawyers answering your legal questions.

Due to popular demand, we have broken up this podcast into 10 parts, one for each question. That way you can go straight to the questions that most interest you.

Q1: Comments about EEOs (European Enforcement Orders). This follows on from an article which appeared in the Daily Mail about a couple who are being pursued in the UK for their Spanish mortgage debt.

Q2: Our house is in joint names here in spain. My husband and I have separarated due to his adultery in england. Being made homeless I have moved to spain to live in the home in joint names of which I actually purchased. Can he force me to move out of this house?

Q3: Is there an age limit for paying capital gains tax on the sale of a spanish property or is everyone liable? I had heard if you were over 80yrs old and had residential status you were exempt.

Q4: I have recently received a bill for the non residents wealth tax for the year ending 2009. I have just returned from Alicante and read in the costa blanca news that the tax was being abolished and those who have paid would receive a refund.

Q5: I was reading in a Spanish Magazine that Capital Gains Tax might have to be paid in Spain when you sell your house in the UK, is this right and how much would have to be paid?

Q6: When you rent a property on long term basis, do the renters have to pay a security, and if so what's the amount to pay ?

Q7: The developer of our community currently still owns just under 50% of our urbanisation, does his vote in the community meeting still represent just one vote?

Q8: We won a judgement last March against Viviendas Jardin for 60% of deposits paid on property in Lanzarote . Amount agreed with developers as refund. Our solicitor says to be patient but we are getting worried as he is paid in full too.

Q9: I wish to pass my aparrtment in Spain to my daughter and son, but have been informed that they would have to pay 7% tax as if it were a sale, but if they become Spanish residants they will not have to pay a very small tax is this correct?

Q10: We are under a great deal stress since finding out in May-2010 on my first hearing that I & my wife have to attend the court in Spain for the 2nd hearing in January-2011. This is in connection with a property which was not delivered on time - ie nearly 12 months late. I wanted to cancel my contract and get my deposit of E58,000 back.

We are worried why have we been told to appear in the court when it is only a breach of contract by the builder? We are very uneasy that this could go against us as its possible that the judge is being biased and sideing with the builder?

Our own lawyer has just told us that we have to do what the judge has said.

What do you think this going on here?

If you would like to submit questions for Maria's next podcast you can do so at:

http://www.eyeonspain.com/podcasts/maria/questions.aspx

We are sorry that we cannot discuss every question submitted due to podcast time constraints.

We hope you enjoy this podcast.

Podcast: Your legal questions answered by Maria de Castro - September 2010

2010-09-23T12:28:02

Today we bring you the fifth podcast recorded with Maria de Castro of Costa Luz Lawyers answering your legal questions.

In this episode we cover topics such as:

Can someone who is not an owner in a community be the president?
What paperwork do estate agents need to have regarding the properties they have for sale, and are there fines applicable if they don't?
If me or my husband pass away what taxes would the other person have to pay? The property is in joint names.
We bought our house here in my name. We got married a couple of years ago but did not change the escritura. As far as I am concerned we are joint owners. Is this correct?
For a new urbanization, at what point do we start paying community fees considering everything is far from finshed?
Is it true that foreigners selling a house in Spain must pay a tax of 33 per cent of the profit from the sale?
My apartment was broken in to last June and I'm still waiting for the insurance claim to be settled. What can I do?
How long can I live in a property without the licences in place?
Living permanently in Spain, do I need to change my UK (European) driving licence to a Spanish one?
I have my escritura but my property is not properly registered. Will this be a problem when I come to sell it?

To listen to the podcast click the play button below. This recording is around 30 minutes long.

Download this episode (right click and save)

If you would like to submit questions for Maria's next podcast you can do so at:

http://www.eyeonspain.com/podcasts/maria/questions.aspx

We are sorry that we cannot discuss every question submitted due to podcast time constraints.

We hope you enjoy this podcast.

Podcast: Your legal questions answered by Maria de Castro - July 2010

2010-07-20T15:13:36

Today we bring you the fourth podcast recorded with Maria de Castro of Costa Luz Lawyers answering your legal questions.

In this episode we cover topics such as:

I don't want to complete because all of the promised facilities aren't in place.
Someone has built on some of my land. What can I do?
Is it possible to opt out of paying community fees?
The bank won't help me and I'm stuggling to pay my mortgage. What are my options?
What is the law regarded tinted windows in cars?
Our developer still owns many properties in our community but isn't paying the community fees.
We won our case against the developer but still no sign of our money, and that was two years ago.l
I think I've overpaid my non-resident tax in Spain.
I can't seem to get my case against the developer into the courts. What should I do?

To listen to the podcast click the play button below. This recording is around 30 minutes long.

Download this episode (right click and save)

If you would like to submit questions for Maria's next podcast you can do so at:

http://www.eyeonspain.com/podcasts/maria/questions.aspx

We are sorry that we cannot discuss every question submitted due to podcast time constraints.

We hope you enjoy this podcast.

Podcast: Your legal questions answered by Maria de Castro - June 2010

2010-06-22T11:11:15

Today we bring you the third podcast recorded with Maria de Castro of Costa Luz Lawyers answering your legal questions.

In this episode we cover topics such as:

How do I get my money back from the developer for an unfinished apartment?
What can I do if the president and administrator of my community don't give me copies of the minutes of the meetings?
What are the advantages in becoming a resident in Spain?
Can I deal with our property in Spain in the UK on the death of my parntner?
I can't pay my mortgage, what can I do?
Can a property owner who has not paid their fees be president?
Is my satellite dish illegal?
Who has the right to my mother's property in Spain as she has not left it to anyone in her will?
I've lost my copy of my Spanish will. Where can I get a new copy from?

(Please note that we recorded this last week so our chat about the Spanish football team's performance has changed a little since then!)

We mention in the podcast the competition that Maria is running. You can find out more information about that by clicking here.

To listen to the podcast click the play button below. This recording is around 40 minutes long.

Download this episode (right click and save)

If you would like to submit questions for Maria's next podcast you can do so at:

http://www.eyeonspain.com/podcasts/maria/questions.aspx

We are sorry that we cannot discuss every question submitted due to podcast time constraints.

We hope you enjoy this podcast.

Podcast: Your legal questions answered by Maria de Castro - May 2010

2010-05-21T13:28:45

Today we bring you the second podcast recorded with Maria de Castro of Costa Luz Lawyers answering your legal questions.

In this episode we cover topics such as:

Is my partner's property in UK if I can't pay my Spanish mortgage?
Do I need town hall permission to close in my apartment terrace?
Conditions of ownership of touristic apartments (aparthotels).
Builder has gone out of business but no licence of first occupation. What do we do?
Spanish tenant has left and not paid rent for 5 months. What can I do?
Should I become resident in Spain.

To listen to the podcast click the play button below. This recording is around 30 minutes long.

If you would like to submit questions for Maria's next podcast you can do so at:

http://www.eyeonspain.com/podcasts/maria/questions.aspx

We are sorry that we cannot discuss every question submitted due to podcast time constraints.

We hope you enjoy this podcast.

Podcast: Your legal questions answered by Maria de Castro

2010-04-05T18:10:47

Today we are really happy to publish the first in a series of monthly podcasts recorded with Maria de Castro of Costa Luz Lawyers.

Maria answers the questions which have been submitted by our members.

Some of the topics covered in this podcast include:

What are the chances of recovering money from Aifos, now that they are in administration?
Developer in administration and no bank guarantee. What can I do?
Voting in community AGMs. What constitutes a unanimous vote?
Damage to neighbour's property caused by rain leaking into my property. Who's to blame?
Changing lawyers and fees related to this.
If I don't pay my Spanish mortgage can the bank come after me in the UK?
Spanish wills and inheritance tax. What should I really do?

To listen to the podcast click the play button below. This recording is around 25 minutes long.

If you would like to submit questions for Maria's next podcast you can do so at:

http://www.eyeonspain.com/podcasts/maria/questions.aspx

We are sorry that we cannot discuss every question submitted due to podcast time constraints.

We hope you enjoy this podcast.