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14 Sep 2017 08:11 by pinetree Star rating. 18 posts Send private message

Hello could anyone advise,we bought a villa on rustic land 10 years ago the developer told us the other plots will have villas on when sold, with agreed designs submitted to the municipality  .Because of the recession it appears the developer has sold these plots possibly back to the farmer , and there will be some industrial buisness instead i.e a chicken or pig farm.Can we ask the developer to pay us back? as we bought in good  faith on the information provided that we will have a home in peace and  beauty, but now will become a place of noise and smells.

 

Also we had a ten year build guarantee still have one year left  our cieling has de laminated they want us to pay for the repairs and our insurance broker with the bank  wont pay either .We also seem to be paying very high rates for rustic land we have no roads to our home , just camino no lighting no refuse bins no post boxes.

 

Our water is provided by a well,  we pay the developer for  this water ,we have no main pipe underground as its broken and they have put a pipe above ground across neighbouring land to provide us with water we have asked for them to fix but ignore our request.

 

kind regards

 

pinetree


body p



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15 Sep 2017 08:33 by DuncanThickett Star rating. 80 posts Send private message

‘’Can we ask the developer to pay us back?’’

Of course you can, it’s standard practice in Spain. Would you want it plus inflation and interest?



_______________________
Justice? - You get justice in the next world. In this one you have the law.



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15 Sep 2017 10:47 by windtalker Star rating. 1216 posts Send private message

I wonder how much IBI you pay.... My IBI is 450€ per year .for a 3 bed villa in a typical street with no street lights/no street cleaning/no  maintenance to roads or pavements     we do have the rubbish collected we pay Tax for the rubbish separate.

 


This message was last edited by windtalker on 15/09/2017.



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15 Sep 2017 15:50 by mariadecastro Star rating in Algeciras (Cadiz). 8857 posts Send private message

Legal Questions? Speak to Maria Direct

Advised action for illegal property: If the property is illegal ( which it seems it is) you have an action against both developer and bank for off plan advanced payments ( if there were) which comes with an action for refund of mortgage ( if you subrogated developer´s one)

You can also claim against the developer alone but solvency of this can be a problem.

15 years timeframe

Building deffects:

https://www.eyeonspain.com/blogs/costaluz/1571/legal-tip-88-ten-years-insurance-to-cover-your-building-deffects.aspx

IBI payment: I would need to see amounts, deeds and receipt



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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