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I have a problem. When I first decided to purchase in Spain I was advised to buy in my two sons name. I then took advice from a solicitor who told me this may be unwise as they would not be able to explain or prove where the funds came from. I informed the developer I would now be buying in my and my wifes name. This was done (so I thought) I am now informed by the developer that the escritura has in fact got me only as owner. The taxes have been paid and the Hacienda have been notified that the ownership is now in my name. I have told the developer that we need it in both names but he says he can not instruct a change again as this could cause fines and investigations on why two changes have been made. I do not sign until end of Jan but i wonder what problems this would cause on wealth tax deductions and iheritance. I am buying in Alacanti province. Any advice on how I can get my wife on to the escritura would be of greaty help.
Ron
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If you have not signed the deeds, how can the developer say that "the deeds" are just in your name? It looks like you have signed if the builders says that The taxes have been paid and the Hacienda have been notified that the ownership is now in my name.
If nothing has been signed before the notary, I do not understand what "investigation" can take place, as we are doing this on a daily basis. Is a simple as both spouses attending to the notary to sign or giving power of attorney to a lawyer to sign on their behalves.
The private contract is just between you and the builders and can be changed / renewed at any stage!
Your developer thnks too much... or simply does not want to complicate himself!
Regards, Manuel.
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To our children's children's children
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Manuel, I think Ron will have signed by now as he did say he was completing end of January & his post was made on Thursday, December 20, 2007
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Yes, lolaron. Can you clarify? HAve you or your lagl representative already signed the Notary deeds? Have you provided funds for that?
Best,
Maria
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Yes I'll tell you the latest developments. When I first decided to purchase I put E3000 down as deposite, The developer got me to sign bank transfers dated in stages of projected completion of the house (it was off plan) As time went on the bank paid the installments according to the dates. Final payment to be paid on completion on 21st January. I changed my mind in the early stages of purchase (May last year) on who should be on the escritura. At first it was my sons only, but I informed them it was to be in me and my wifes name and not my sons. This is where they made a mistake. They put only my name on it. I pointed this out when i recieved the information from them. They argued that it could not now be done even though the escritura had not yet been signed, I have not yet been to the notary. After a lot of hassel they say they have now done this and gave me a date to sign. I am paying cash for this house with no mortgage. I arrived in Spain as instructed on 23rd Jan to find builders still in the house and no electricity or water connected yet. There was no path to the building only mounds of building materials. I of course am shocked as they have now recieved all monies of which they are not returning. I refused to sign at the noteries as they have not supplied me with a finished habital premises. I have seen the developers head sales person and stated I am not using their solicitor any more but engaging one in Torrevieja. I want compensation for each week they are late and loss of interest on my money, I have given them 1 month to complete the house.The amount of defects I found on just a browsing look was also not acceptable. I have since been assured that all will be done and a substantial payment will be refunded as a good will gesture. They are flying me out at the end of this month and are putting me up in a top class hotel, we'll see. As funds have been paid I decided to get insurance cover on the building and contents although no contents are in yet. As I write they have just phoned me to state completion of all building works including snag fualts will be done by 18th of this month, I hope so.
Ron
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Then, ask them to include your wife in the deeds as you can prove it was their mistake not including her in the private contract. There should be no problem with that.
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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OK Maria, I contacted their representative in UK and he states that the deeds have now been changed to include my wife. We will both be present at the notary so I will make sure that is done. Many thanks
Ron
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_______________________
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There was some confusion here, and I am happy this has been resolved.
What you call "deeds" does not exist as yet; it is just a purchase contract, so when the actual deeds are signed, make sure the document is in both names.
I regret to hear about the status of the complex!
Good luck.
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To our children's children's children
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Many thanks, I will check the deeds before signing.
Ron
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Many thanks, I will check the deeds before signing.
Ron
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