snagging list not required before purchase???

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21 Nov 2007 12:00 AM by huggy321 Star rating. 2 posts Send private message

I am in the process of purchasing a property in Vejer de la Frontera on the Costa de la Luz. It is a relatively  new development. The vendors bought the property off-plan and have not moved in, it is completelsy vacant.

I asked my lawyer to arrange for a survey to include a snagging list. The survey wasa duly completed but the snagging list was not done as the surveyor said it was a new property.

My lawyer subsequently said that,(in civil law)  even after the deeds are signed, the vendors are liable for the repair costs for up to one year after the singing.

I am under the impression that once the deeds are signed then the vendor has no obligation to the property whatsoever.

Am I right, and should I change my lawyer?

 

Regards

 





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21 Nov 2007 9:25 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

Your lawyer is right, but that may involve a posterior request and even a litigation ( which equals: time and money top be spent)  In order to avoid that, do not sign till the property is completely to your satisfaction.

Please have further information regarding Building deffectS. There is an article with this information in EYEONSPAIN, but I cannot paste the link here.

1. Despite their contractual liabilities, the individuals or companies that intervene in the building process will answer to owners and third purchasers for the entire building or for part of them, in case they have been divided, of the following material damages happened in the building within the established deadlines, counted from the reception date without reservation or from the rectifying moment:

a) For 10 years, of material damages caused in the building due to defects or vices that affect the foundations, supports, beams, floor structure, charging wall or another structural elements, that directly compromise the mechanic ressistance and the stability of the building.

b) For 3 years, of material damages caused in the building by defects or vices of the building elements or the installations that produce the breach of the habitability requirements of the provision 3,1,c.

The builder will also answer for the material damages by vices or execution defects that affect the elements of finishing of the works within a year deadline.

The habitability requirements set by this Act in artilce 3.1.c are as follow:

Article 3. Basic requirements of building.

In order to guarantee the safety of people, the welfare of society and the protection of the enviroment, buildings must be designed, built, maintained and conserved in such a way that will fulfill these basic following requirements:

The article lists a series of requirments under three different categories. We will cover those regarding habitability, as mentioned in article 17, but I can answer your questions if you want to know more on the other ones:

(a: regarding functionality)

(b: regarding safety)

(c: regarding habitability)

c.1) Higiene, health and protection of enviroment so that acceptable conditions of healthiness and comfort in the internal environment of the building and so that this won´t damage the close enviroment, guaranteeing a proper management of all kind of refuse.

c.2) Protection against noise, so that the perceived noise won´t put people´s helath at risk and will enable them to carry on their activities properly.

c.3) Saving of energy and thermal insulation, so that a rational use is made of the necessary energy for the adequate use of the building.

c.4) Any other functional aspects of the building elements or the installations that will enable a satisfying use of the building.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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21 Nov 2007 10:02 PM by morerosado Star rating. 6927 posts Send private message

morerosado´s avatar
Maria, why can't you post the link here ? I don't understand, I can, see >> http://www.eyeonspain.com/spain-magazine/building-defects.aspx

_______________________



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22 Nov 2007 8:28 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

It is becasue my google´s functions are funny these days and do not show the full url when searching. It is the way I have configured the Google´s functions and do not know how to change it ( in my home computer).

 

Thanks for trying to help.

 

Best,

 

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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