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27 Mar 2008 00:00 by cerys Star rating in south wales and Sier.... 20 forum posts Send private message

Hi . Has anyone signed  by way of Power of Attorney by agents/ property services as we may not be able to come out to Spain on the dates Masa say  as I understand they only sign on  one day a week and that is not every week .  I am unable to take holidays from work at short notice.

I am just wondering how safe it is to sign this way . I would be grateful for anyones opinion.

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27 Mar 2008 19:10 by stableford Star rating. 44 forum posts Send private message


Always best to take legal advice, but in answer to your question yes, we have given our legal rep. power of attorney to act  for us just in relation to the property purchase, though as it turns out it is unlikely to be used in our case. It is a simple process but I  suspect you may find that you would have to go to Spain to sign the power of attorney before the notary, so you may be stuck with a trip to Spain anyway.

Another problem is that  snagging has to be linked to the completion, and apparently MASA will not allow you to have a representative take your place. If you read the threads in relation to snagging I think you will appreciate the importance of this aspect of the purchase process. Given the problems so far with penetrating damp etc we will be seeking professional assistance when the time comes - we are not completing until a habitation certiifcate is issued. As you have probably had to wait for your property to be ready, why not make MASA wait until it is convenient to you to travel to Spain to complete?   

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29 Mar 2008 09:41 by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 forum posts Send private message

Vip Supporter

You should always check, regardless on the development or developer, a property BEFORE you complete, it is your right

If this means, as with MASA, who are the only developer that we know that insist that the owner is present at the snagging inspection, that if this causes delay then this is problem that MASA have created, and this is how a Court would view this.

The snagging list should ALWAYS be an exhibit and included in the contract pack when you complete at The Notary and this prevents any disputes regarding the snagging defects and their repair

There is a well defined consumer protection system in Spain where the builder has a legal obligation to repair snagging defects within 30 working days after completion plus you have 1 year, after completion, to find and have put right any new snagging defects

It becomes much more difficult to get work done if you sign first and rely on the goodwill of the builder

The most important thing is in Spain you must use the systems as they are laid down in law to get results

We have a free guide that explains the process in more detail and you can get a copy my mailling


Roy Howitt Independent Property Consultant WE CAN FIND YOUR DREAM HOME 627 955 748

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