Legalisation Issies!

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06 Feb 2012 00:00 by steve01 Star rating. 12 posts Send private message

HI all - I hope some one can help with the above.

Very briefly I have been in discussions with an individual who has had to return to the UK because their spouse sadly died and they can no longer afford to have two properties (one in UK and one in Spain).

The Spanish property is 6 years old and is part of a small private development in Almeria.

They have yet to get the property "legalised" by the local mayors office. They own the land and it is not "rustic".

The builder has promised that this is just a matter of final details and that it should come through in 2012!

The persons Spanish solicitor also feels that this will be the case.

The price is good ( as you would expect) and I would like to be able to take the property - pay cash - and allow the person to pay off the outstanding mortgage etc - but!!!!!!!!!!!!!!!!!!!

Any help would be greatly appreciated.

Cheers

Steve

 

 





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07 Feb 2012 10:04 by EOS Team Star rating in In Spain of course!. 4017 posts Send private message

EOS Team´s avatar

Almeria has unfortunately been burned with a huge number of "illegal" properties.  Although they are starting legalising some of these now, the Junta de Andalucia is known for changing its mind and moving the goal posts now and then.

My main concern would be why after six years the property is still not properly legal and why 2012 is the year it's going to happen.

You would be taking a risk here, there's no doubt about that.

I would think the best thing to do would be to appoint your own (different) lawyer in Spain and get them to check it out.  Although you want to help out your friend you really don't want to be burned with a property which could potentially never be legalised and therefore ultimately worth nothing.

Justin



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07 Feb 2012 10:23 by steve01 Star rating. 12 posts Send private message

Hi Justin - yes I was thinking much the same thing too.

I have the name of  a local solicitor so may well do as you advise.

Many thanks indeed, it's much appreciated.





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07 Feb 2012 10:34 by johnzx Star rating in Spain. 5247 posts Send private message

Steve,

 

To take on a propery which you know is illegal would not be very wise. 

It´s bad enough that people have bought in good faith and found out later the paperwork is not in order. 

I would suggest you wait until the ´promises´ have been kept before parting with any cash.

 

As for instructing a lawyer to advise you.   I believe most peope who have found that their properties are illegal had a lawyer !

 



This message was last edited by johnzx on 07/02/2012.



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07 Feb 2012 14:01 by Fighter2 Star rating. 237 posts Send private message

Hi Steve

Please take this advice and stick rigorously to the conditions you set out to the sellers...

Only pay any money for the property when ALL of the documents documents are in your hands.

Not some of them but all of them, if the 'promises' are fulfillable the vendors will ensure they complete all the paperwork in order to complete the deal and get their cash.

IT IS VERY MUCH A BUYERS MARKET HERE... ONLY BUY ON YOUR TERMS !!!

Barry





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07 Feb 2012 16:02 by steve01 Star rating. 12 posts Send private message

Hi Guys - many thanks for the very sound advice,

I think that we already had decided not to move forward without ,as Barry stated, ALL of the documentation.

We really appreciate your help and will give this one a miss.

What a great and informative forum - well done all.

 

Regards

Steve





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