Legal Informtion

• Can an OFF PLAN  property be charged a community fee for any period prior to the issue of the Habitation Certificate and the Signing of the Title Deed.
• Does the developer legally have to declare any fees or encumbrances against the property in front of the Notary and prior to the signing of the Title Deed. This refers to an Off Plan Property.
• Is there a professional body in Spain that can be contacted with regard to negligence by a Solicitor which would be able to obtain reimbursement of any costs incurred by the client due to the negligence of the Solicitor.

Dear Sir/Madam,

It is my pleasure to respond to your queries,

1. Once the Community of Owners has been formally created, each dwelling will contribute to the payment of the communal expenses according to their corresponding  percentage. In principle, the developer is responsible of paying the community fees until the date of the signature of the Public Purchase Deeds of each dwelling, and it is at that moment whwn the new owner will become responsible of these payments. The license of first Ocuppancy makes possible the issuing of the water and electricity contracts, therefore the normal thing is for the community to be constituted after the License is granted.

2. The property will always be responsible of the charges and taxes which may appear in the Land Registry. The debts trasferred with the property are those held with the Town Hall (IBI and Garbage Collection Tax) and the debts due to unpaid community fees. The developer has the legal obligation to hand over to the purchaser a debt certificate issued by the Community of Owners, unless the purchaser exemps him of this obligation. Regarding the IBI and Garbage Collection Tax debts, the usual is for the Town Hall to take a couple of years, or maybe more, in issuing the first bills reffered to the periods prior to the signature of the Deeds. However the buyer can agree with the developer the retention of a certain amount  to ensure that the bills which will not prescribe are paid.

3. My recomendation is that you try to reach an agreement with the solicitor. If this would not be possible , you can file a complaint to the Bar  where your solicitor is registered as member. Also, you can set up a litigation claim via the civil courts.

Luis Carbajo.

• Can an OFF PLAN  property be charged a community fee for any period prior to the issue of the Habitation Certificate and the Signing of the Title Deed. As there should not legally  been transmission of the unit before the existence of the Habitation License, no community fees have to be paid by buyer.
• Does the developer legally have to declare any fees or encumbrances against the property in front of the Notary and prior to the signing of the Title Deed. This refers to an Off Plan Property. Of course he has. And the Notary needs to perform his own checks regarding this too and provide this information to the buyer.
• Is there a professional body in Spain that can be contacted with regard to negligence by a Solicitor which would be able to obtain reimbursement of any costs incurred by the client due to the negligence of the Solicitor. Solicitors have proffessional liabilities and his own Insurances to cover them. You can claim against a negligency of these proffessionals of course. The same as any other proffessional.

Luis... it is surprising to see you here. Are you the Luis Carbajo who used to work for Martinez- Echevarria? I do wish and hope your contributions will be for the best of EOS readers.

Maria,

Thank you, will wait and see if the community intend to try and take fees prior to habitation certificate and legal completion.

Poor Golfer.

Hi everyone,

I have not posted for some time - was hoping that our difficulties would be resolved by now.  Our case went to Malaga court twice for return of deposit etc with bank guarantee.  the first time the judge ruled in our favour deposit +interest+fees.  Some months later we were told that the judge had been banned and that a new judge was trying our case.  Last September the new judge tried our case .  We could get no information until about 2 months ago when we were told that the second judge had ruled in our favour too with the same result.  We were delighted.  My question is hw long does it take to actually get money backk.  Our solicitors assure us that our bank (Galicia)have to pay us and that if they dont the Banc de Espana will. Our solicitors are those mentioned by Maria in her message to Luis.  We feel very unsure.  Why is it taking so long.  It is nearly 5 years since we paid our deposit and over 2 since the contract was ended and application made for return of deposit.

Would very much appreciate advice. I am retiring shortly and this was the time we expected to be living in Spain.  Cannot move on until this is resolved.

rosegreen

Hi again,

I wonder is there anyone else out there whom the courts ave awarded costs deposit and interest to but are still waiting to get the actual money

Love to hear from you.

rosegreen

Why has taken so long? Lack of Bank Guarantee is the answer in many cases.

Lack of Bank Guarantees: action against Banks, according to provision 1.2 of LAw 57/68. 

Hi Maria,

We had bank guarantee and the court ruled in our favour and yet we are still waiting.  How long should it take to get your money back once the court has delivered its jugement?  Does the court hold the money are is it still in the banks possession.  Any opinions?

rosegreen

 The best person to answer what is happening in your particular case is your Procurator of Tribunals or solicitor. He/she will be able t to tell you if the Bank has already allocated the funds in the Courts´account.

HI Maria,

Can you tell me the function of a procurator of Tribunals.  How or where can one be contacted.  I e-mailed my solicitor asking where the money was being held and asking the above question but i hve not received a reply,

Thank you

rosegreen

Dear RoseGreen:

You can find info on Procurator of Tribunals here:

http://www.eyeonspain.com/blogs/costaluz/2998/legal-tip-236-why-do-i-have-to-pay-for-a-court-solicitor-in-spain.aspx

Please let me know if you have further questions,

Best regards,

Maria

Hola Maria,

Is our solicitor based in Puerto Banus whom we have paid to represent us and who has told us that we have woun our case in the courts is she our PROCURATOR OF TRIBUNALS?  Or is the procurator of tribunals a solicitor independent of us and thebank?

Gracias

rosegreen

 The Procurator is an agent in Courts.  They are the link between your lawyer and Courts. 

Gracias, Maria

rosegreen

Dear Maria,

It is has taken us until now to find out that the money is not lodged in the court.  Our solicitor says that they have placed an embargo on the bank assets (Galicia). and that the Banc de Espana guarantees it.  The judgement in our favour was months ago - the court was last September/  For how long can a bank refuse to pay and how long before the bank of Espana steps in. We are growing old rapidly!

Kind regards,

Rosegreen

Dear Maria,

It is has taken us until now to find out that the money is not lodged in the court.  Our solicitor says that they have placed an embargo on the bank assets (Galicia). and that the Banc de Espana guarantees it.  The judgement in our favour was months ago - the court was last September/  For how long can a bank refuse to pay and how long before the bank of Espana steps in. We are growing old rapidly!

Kind regards,

Rosegreen

 So.. you have a Court decission against a Bank and this is not honouring it? It seems to me so strange! HAave you seen the Court decission? 

Hi Maria,

We have requested a copy of the court decision from our lawyers.  We are awaiting same.

Many thanks

rosegreeb