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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1058. On purchase process when Bank is selling
29 October 2013 @ 14:42

Our advise:

- Deposit contract: Revise that is treated as a true deposit contract and that therefore penalty clauses if the sale is finally not concluded are balanced, recirpocal, equivalent for buyers and sellers. Have clear statement that rule governing the deposit is that of 1454 of the Civil Code

- Local Taxes, Community of Owners, Energy Efficiency: Establish at the deposit contract that you will not sign the purchase deeds without certified proof of payment of these obligations and performance of the Energy Certificate.  Of course, do not renounce to this certificate or to any action linked to this.

- Hidden deffects: If the properties have been built within the last 10 years, no worries on major deffects as the General Building Act and related rights and guarantees are covering:

a) For 10 years, of material damages caused in the building due to defects or vices that affect the foundations, supports, beams, floor structure, charging wall or another structural elements, that directly compromise the mechanic ressistance and the stability of the building.

b) For 3 years, of material damages caused in the building by defects or vices of the building elements or the installations that produce the breach of the habitability requirements of the provision 3,1,c.

The builder will also answer for the material damages by vices or execution defects that affect the elements of finishing of the works within a year deadline.

These vices are also claimable by virtue of contract breach, so no worries about renouncing rights of provision 1484 of the Civil Code.

-Related expenses: According to Law Notary expenses are paid by vendor less one copy of the deeds

                               Registry Expenses are paid by the buyer

                                Plusvalía is paid by the seller

 

Legal advice

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