Don't buy off plan without one

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 | 2 | Next |

Forum home :: Latest threads :: Search forums
The Comments
09 Oct 2006 00:00 by EOS Team Star rating in In Spain of course!. 4018 posts Send private message

EOS Team´s avatar

If you're buying off plan in Spain then you really need a bank guarantee to protect you.

This a really hot topic for many at the moment so post any questions or comments here or start a new thread.


_______________________

Schools in Spain Guide | The Expat Files | Learn Spanish | Earn a living in Spain




Like 0      
10 Oct 2006 15:43 by Mcfugger Star rating. 2 posts Send private message

Hmmm.. even if you buy off plan WITH a guarantee it doesn't seem to do any good, our apartment is 9 months (unreasonably) late at the moment and despite months of trying to evoke the guarantee , including changing solicitors, we are still no nearer to obtaining our deposit back, we were not informed of any delay by the developers. apparently the insurers (who back the guarantee)  will not pay unless the sale is rescinded by the developer and the developer is refusing to do so ... what is the point of the guarantee!

We now have an excellent (independent) solicitor who is doing everything they can but it may end up in court with us having to stump up thousands in costs up front, and still no guarantee that we will win. So, beware even when buying off plan even with a so called guarantee !!!!. it seems these people can do what they want.




Like 0      
11 Oct 2006 09:15 by mikaroldam Star rating in newcastle upon tyne .... 38 posts Send private message

We applied to Iberian for a bank guarantee or information leading to us attaining one. We were told we'd have to pay a fee even though by law the builder should provide one free. So much for after care service. We wern't even told  about guarantees' in the first place.



Like 0      
02 Nov 2006 11:07 by leeabby Star rating in Old Kilpatrick, Glas.... 140 posts Send private message

leeabby´s avatar

Hi everyone,

I have posted under many headings in the last few days as we are dealing with Atlas, buying off plan.

Latest this morning on asking about bank guarantee,was advised by their head sales person that we wouldn't be able to get one as we're only paying 20 percent deposit and that it would only be available if we were paying down something like 40 percent.

Can anyone enlighten me?

(They're now holding the aprtments until 10.30 am tomorrow for our answer.)


_______________________
 



Like 0      
02 Nov 2006 13:09 by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

Smiley´s avatar

Have read some of your other posts as well as this. All sounds a bit woolly to me. Atlas appear to be holding a gun to your head. If it were me I think I would look elsewhere for my property. I have a long term belief in Spain as a market but it is a buyers market at the moment and there is a lot to choose from. As a buyer I think you should consider yourself in a position of strength and not subject to hard sell tactics. If it were me I would tell them to hold the apartments until they find another buyer. 

Who is your legal advisor and what is he/she advising you to do. No doubt if you are using one introduced by Atlas you might not be getting straight talk or unbiased advice. Remember that a lawyer here will not bite the hand that feeds him. They will be concerned with maintaining the flow of business from developer and agent alike. A bank guarantee does not depend on how much deposit is being paid. It is supposed to be a legal requirement to protect your money in the event a developer goes tits up.

If the guarantee then needs to be invoked at a later date that is an entirely different matter - seems as if there is a reluctance to address the problem - by agent, lawyer, developers alike.

Regards Smiley  


_______________________

Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk




Like 0      
02 Nov 2006 21:10 by Basil Star rating. 5 posts Send private message

We bought in 2002 and were told the building promoter would initiate a bank guarantee, but surprise surprise, he never did and now states we will have to stump up for it if we want a guarantee!  On their website, they are still  trading stating that they will provide bank guarantees some 4 years later! If only we knew then what we know now... 



Like 0      
03 Nov 2006 14:26 by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

Smiley´s avatar

Hi Basil I would talk to your lawyer - that is what you are paying him for - Bank Guarantees are supposed to be a legal requirement.

Rgds Smiley


_______________________

Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk




Like 0      
06 Nov 2006 00:09 by HAWKINGS111 Star rating in Las Filipinas. Spain.... 290 posts Send private message

HAWKINGS111´s avatar

Hi all.

I think you will find that bank guarantees ARE a legal requirement, but many developers forget to mention them  when you purchase your property. When i asked for one it was forthcoming but did take a number of weeks for it to come through and i have to pay 1% per year on the deposit to be covered. Although a legal requirement, banks etc., are allowed to charge for one but some dont. I myself am happy to pay about £200 a year for one, rather than not have one.

           Cheers.  Bob.

 


_______________________

      Now  Retired and have our money back in FULL via our bank guarantee.    Bob and Pauline.




Like 0      
26 Nov 2006 10:01 by Tayah Star rating in essex. 1 posts Send private message

Hi

We are currently buying in Almeria and despite asking for our bank gurantee our builders say they do not have one. We are worried that we will lose all our money since we have paid  a 25% deposit. How can we insist on getting a guarantee?  Even independant solicitors seem to have difficulty in obtaining information from builders and it doesn't seem to be just small businesses but large ones that evade Spanish law. Surely we have some rights or does Spanish law not really account for anything in Spain?

Tracy


_______________________
Tayah



Like 0      
26 Nov 2006 22:41 by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

Smiley´s avatar

Hi Tayah be asserive with your lawyer. They are supposed to be representing you after all not the developer. They are a legal requirement on any new build and if it is not there the developer is breaking the law so get your lawyer to stick up for your rights. many lawywers in Spain will do anything for a quiet life on the basis that you dont know the law so "why bother making a fuss".

Rgds


_______________________

Smiley - patrick@marbellamortgages.com  www.marbellamortgages.com   www.comparetravelcash.co.uk




Like 0      
30 Nov 2006 13:23 by FibbyUK Star rating in UK, Surrey & Playa F.... 2349 posts Send private message

FibbyUK´s avatar

We bought through Atlas, but used a UK solicitor (Atlas were NOT amused).

We bought off plan and our solicitor insisted on a bank gaurantee before we paid the next installement.

He got it fairly easily, however, as our next payment went over the due date, this meant that an "extra" that we were paying for in that payment, was late also, hence our "extra" was now not available.

What was the extra????

Most important thing, the spiral staircase from our terrace to the solarium. (We have an attico in an aprtment block)

I was totally gutted and still am to this day. We are in the process of getting an architect to do plans and have them approved by the Town Hall, to cut through the ceiling of an inside galleria and install a staircse there. (We cannot go via the terrace now as new coomunity rules prevent this sort of alteration)

So, although we did not get our spiral, we were safe with our purchase, which I suppose was the most important.

Oh and yes, we can still use the solarium, we have to exit our front door, walk down a hallway, up 2 flights of stairs, through a locked doorway, onto a communial walkway and finally, through our garden gate!

And all that with Osteoarthritis - nice!


_______________________

FibbyUK

One off fee to pay your own La Renta tax (210 Form)
Check out my website:

http://www.payingtaxesinspain210form.pwp.blueyonder.co.uk/

 




Like 0      
30 Nov 2006 14:43 by JeansSis Star rating. 2376 posts Send private message

JeansSis´s avatar


This message was last edited by JeansSis on 5/4/2007.



Like 0      
30 Nov 2006 16:35 by dorothy3 Star rating. 20 posts Send private message

The lawyer should ensure that the client has a guarantee to cover all monies paid up front.



Like 0      
30 Nov 2006 17:47 by JeansSis Star rating. 2376 posts Send private message

JeansSis´s avatar


This message was last edited by JeansSis on 5/4/2007.



Like 0      
01 Dec 2006 21:30 by mariadecastro Star rating in Algeciras (Cadiz). 9290 posts Send private message

Legal Questions? Speak to Maria Direct

The General Building Act of 1999 states that the developer can be imposed a fine of the 25% of the amounts not guaranteed if he fails to provide bank guarantee or insurance to the buyers.

Maria L. de Castro

www.costaluzlawyers.es


_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
05 Dec 2006 12:36 by leeabby Star rating in Old Kilpatrick, Glas.... 140 posts Send private message

leeabby´s avatar

I have already been discussing under 'Buying Property' and ended up discussing Bank Guarantees, so thought I'd post it on here also.

I have my contract which states Bank Guarantee is available and there was a reply to this posting stating that it sounded as if we may be asked to pay for it.

I am therefore pasting here the part from my contract that states the paragraph re. the Bank Guarantee:

'If purchase asks for it, the vendor commits itself to guarantee the amounts handed over for the purchase of the property object of this contract by means of a individual bank guarantee, in the terms and conditions of the Law 57/1968'

I will be writing to my lawyer this evening, so I will be putting that I will indeed be asking for the bank guarantee and under the same Law 57/1968 that I do not expect to have to pay for this in any way.

Any comments appreciated.

Thanks


_______________________
 



Like 0      
05 Dec 2006 17:03 by JeansSis Star rating. 2376 posts Send private message

JeansSis´s avatar


This message was last edited by JeansSis on 5/4/2007.



Like 0      
05 Dec 2006 17:05 by JeansSis Star rating. 2376 posts Send private message

JeansSis´s avatar


This message was last edited by JeansSis on 5/4/2007.



Like 0      
07 Dec 2006 10:56 by leeabby Star rating in Old Kilpatrick, Glas.... 140 posts Send private message

leeabby´s avatar

Hi everyone.  The following is what I sent to my lawyer on receiving the contract to purchase my property re bank guarantees:-

7)  We understand from the contract that a Bank Guarantee is available, stated in the contract as follows:-
 

'If purchaser asks for it, the vendor commits itself to guarantee the amounts handed over for the purchase of the property object of this contract by means of a individual bank guarantee, in the terms and conditions of the Law 57/1968'

We would therefore ask for this bank guarantee, both ourselves and Mr. & Mrs. Beatty, and would understand, according to the Law  57/1968 which is quoted above and in the contract, that we will not be charged for this by the builder, yourself or any other party as it is a legal requirement to have this.

The following is what I have received in reply from my lawyer this morning:-

 

Bank Guarantees will be obtained for the amounts forwarded to the Vendor. Although it is true that is a legal imperative, please note that the Law does not state who cover the costs. It is general trend, and so we understand, that is a cost to be bear by the Vendor, and so is in 95% of the cases. Please let me re-confirm this is the case as well.

 

So, in other words, yes the builder does normally pay, but not always, hopefully I will not have to pay either.

Sharon


_______________________
 



Like 0      
07 Dec 2006 19:29 by mariadecastro Star rating in Algeciras (Cadiz). 9290 posts Send private message

Legal Questions? Speak to Maria Direct

The vendor is legally obliged to provide ( at his cost) this guarantee. The practise  in the contrary is against the General Building Act and Consumers Regulations. Fines are imposed to developers if they don´t act this way.

General Practices can be Bad Practices ( and, unfortunately, they oftenly are)

Maria L. de Castro

Lawyer.

www.costaluzlawyers.es


_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      

Pages: 1 | 2 | Next |

Post reply    Start new thread


Previous Threads

Take a lot of care - 25 posts
Electricity, water, phones - 35 posts
Need Sky? - 49 posts
What's the best deal? - 44 posts
Found a cheap flight? - 38 posts
Don't use your bank! - 124 posts
It's never easy... - 22 posts
Looking for work? - 5 posts
What's this NIE all about? - 51 posts
Who needs it? - 12 posts
Golf course - 5 posts
Furniture Tips - 67 posts
This is a test thread - Please ignore - 6 posts

Number of posts in this thread: 29

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 | 2 |
Our Weekly Email Digest
Name:  
Email:
   


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x