All EOS blogs All Spain blogs  Start your own blog Start your own blog 

Legal Questions Podcast With Maria de Castro

Every month, in association with Maria de Castro of Costa Luz Lawyers, we're going to be bringing you a recorded podcast where Maria will be answering your questions relating to Spanish law. Be informed!

Podcast: Your legal questions answered by Maria de Castro - March 2011
01 April 2011 @ 15:31

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.



Like 0      




8 Comments

Ron Murphy said:
01 April 2011 @ 16:43

I won a court case against my developer nearly 3 years ago to have my deposit refunded. I am now being told that the court is proceeding to publish the sentence. What does this mean ? Also having won the case 3 years ago if I cannot get my money back can I still claim from the Bank ?


michael mcgrath said:
01 April 2011 @ 16:53

great post ..please keep me updated


john cleasby said:
01 April 2011 @ 18:25

my partner and i bought several properties off plan some years, went through all the legal side spanish lawyer etc, were told we must take out bank guarantees which we did, got all the legal documentation through, then after some 2 years of chasing found out that the developer had gone bankrupt. approached the spanish lawyer to be told that he had given our deposits ie, bank guarantees to the developer. directly, when i challeng.ed him i was told that this was normal practice. so in effect what good were the bank guarantees,


como tu quieres said:
01 April 2011 @ 23:34

Very interesting to hear one can go to the Notary to have a simple will registered.

Th.ank you


como tu quieres said:
01 April 2011 @ 23:42

Very interesting to hear that one can go to the Notary to have a simple will registered.

Thank you.



Pat Quinn said:
02 April 2011 @ 09:50

didn't understand what her answer was to Q19


Richard Stait said:
04 April 2011 @ 11:37

Q19..as per Pat Quinn above.... Maria was saying that she would need to identify the Residential & Tax status of the owners of the Spanish property (is it their main/only residence etc). If they are Spanish Resident and considered Spanish Tax payers, then there are huge reductions in Spanish Succession Tax payable. If they are considered (by the Spanish authorities) to be UK Tax resident then the full Succession Tax is payable by the surviving spouse, and then again, on second death, by the children (who I expect are UK resident). This easily runs into many thousands of Euros, plus the cost of Probate etc. Remember, this is a tax on each beneficiary, not on the Estate (as in the UK). An additional problem is that the property itself cannot be used as security to borrow monies to pay the tax, nor cannot it be sold - until the taxes are paid in full.


Marie Rumfitt said:
14 April 2011 @ 12:26

Would like an answer to Q19 about the inheritance Tax-Is Spain like UK whereby any property under £250,000 does not require inheritance Tax?


Only registered users can comment on this blog post. Please Sign In or Register now.