Torrevisa

Can anyone tell us what the situation is with the issue of Habitation and first occupancy certificates?

Hi Manion

We completed a couple of weeks ago without a certificate.  Our solicitor has been unable to get any info from Masa as to when they will be issued.

Hi Manion

As far as I know, they are the same thing.

One has been issued for my property on M13, so they do exist  !!!

Ian

Rosemary when we checked your property we asked the question and we were told that the LFO had been issued for your properties

Thanks Roy - for some reason our solicitor hasn't passed this information onto us, so perhaps he hasn't got them.  However I'll contact him now.

I was contacted 2nd week in April, just after our return from SG, by customer service. She asked me when I was going over to sign and my reply was that I was not willing to sign until I get CoH etc. She just said OK I'll put it on your file to contact you as soon as we have it and that was it. I have not had a letter.

Upon my return I did send an e-mail to cus service because my air conditioning hasn't been installed, I paid for it years ago as an extra so want to make sure they havn't forgotton, which seemingly they had. But anyway I received another reply from them this week and in the reply was a reminder to pay the balance urgently.

The law is on our side, until they provide the certificate it is illegal for them to push you into doing anything. If people choose to pay and live in their property without it then that is our choice not their's.

If I were you I would contact them as requested and tell them you will pay and sign when you get the CoH, don't let them scare you.

Regards

Sue

I'm working at home today and have just received a call from MASA.  It seems they are getting desperate and are now resorting to stronger tactics.  If you can follow this you'll appreciate my anger!

I was told the house is ready - yes I know.  I was asked to complete - no, not without the habitation licence.  We have sent you a letter, the house is ready.  Why do you not want to complete - you can have the keys straight away.  Well that's news to me, you haven't even llet me ook inside the place since the actual building was finished nearly 2 YEARS ago, now you want me to move in without the legal licence.  But you don't need the licence to move in.  Maybe not from your point of view, but it has been law in Spain for over a year now that completion must not take place without the licence.  Oh yes, you're right but we want you to complete.  Not without the licence. 

Are you going to live there?  No.  Because if you want we have other houses with licences that you can make a swap.  No, that's why I've waited 4 years for this one.  Are you waiting for a mortgage - no that's all sorted.  Then (this is the new tactic) why didn't you pay the third payment on your contract?  Because you told us not to pay it in 2005 beacause none of the houses had even been built and MASA told the lawyers that we should pay all of the remaining 50% on completion.   This is very serious and we will take legal action.  So speak to my solicitor or my agent as you have done in the past when MASA have refused to discuss the house with me.  Give me their numbers for our legal department.  You have them on file.  You must give them to me.  You already have them.  When you have the licence I will complete the purchase. 

This is very serious - you have broken your contract.   You must pay the third payment - speak to the agent and stop threatening me.  I am not threatening you just reminding you what is in your contract and you have broken it.  This is very serious and our legal people will have to deal with this.  And I'm just reminding you that the contract says the house will be delivered to me in 2005 - it is now 2008 - the house is still not legal and I still don't own it. 

I'm disgusted by their tactics.  MASA should be ashamed of themselves but of course they're not.  So, if you've has one of their letters, just wait for the next bit!

Just read this in the main forum under Spanish Developers, it's the end of a long piece about developers in trouble.  Not saying for one minute that MASA is in trouble.   But reading this bit i'm now completely confused and schizophrenic.

Finally, and this sounds like total stupidity, if your property is pretty much completed – snagging done etc. - but lacks - for example - the final formal licences from the local Town Hall – particularly the License of First Occupation (LIFO) - but – and this is an enormous but – your developer is threatening to file for creditor protection, Administrative Receivership or similar, it may be worth considering – if you are in a position to do it – to complete on your property in any event. For obvious reasons, care and professional advice must be taken if you are considering upon such a strategy – it may well be a massive gamble – e.g. the LFO may never be granted - but the net result of such completion will mean that the property is registered in your name. Instead of a debt owed to you by the developer you will have a property asset with an enforceable title.

Beam me up scottie - so I should complete without the licence after all!  You just can't win in Spain.