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30 Oct 2008 00:00 by www.costadelazaharbuilders.co.nr Star rating in oliva costa blanca. 38 posts Send private message

www.costadelazaharbuilders.co.nr´s avatar
I have been asked to post this by a friend i know, they have bought a bar about 3 months ago and now it turns up that all the paper work is not in order as they first thought.
The landlady has told them that the project on the premises was not completed and there has to be sound proofing put into the bar and it is ilegal for them to be trading 
The landlady has given them a quote of 20k to have these works done and she said that the local council can come in any day now and shut them down.
The main problem is they have put every pennie they own into buying this bar and have also got a loan from the bank to help with the purchase.

They have spoken to the solictor about this and he said there only option is to take legal action with the previous owners who turn out to be there good friends and they also did not know that the project was incomplete.

my main question is this seems very unfair as this area in gandia has loads of bars im sure none of them have had sound proofing installed and is there anything that can be done to stop this bullying from the landlady and is there any other options for these people.

Any help would be gratefull as they have children and they are on the verge of packing up these bits and having to leave spain with nothing.

_______________________
come visit us www.costadelazaharbuilders.co.nr  Your local build...



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30 Oct 2008 18:45 by Roberto Star rating in Torremolinos. 4536 posts Send private message

Roberto´s avatar
I have huge sympathy for your friends. I have heard of similar situations, and it seems so unfair. Furthermore, if they used a lawyer when making the purchase, why was this not discovered earlier? Who was protecting them?
The application of laws governing bars and cafes etc. seems to be very random. Why does one bar have to install disabled toilets, soundproofing, double doors etc., when the other bars (sometimes even next door) do not have to? Also unfair, and does not reflect well on Spanish bureaucracy. 
In this case, clearly the landlady was well aware of the situation, even during the previous owners time, so one would assume that it was her who initiated the original project, but never completed it. So, one has to ask the question, did she simply rent an empty business local, or did she at some point "sell" (traspaso) a lease on a fully fitted & functioning business? If so, in my opinion, I would think the responsibility should be hers, to finish the project, as she knowingly sold a faulty product, so to speak. 
On the other hand, if she is basically just renting the premises out, and the fixtures & fittings etc. were installed by the original tennant, who have subsequently transferred them to someone else, then I don't understand why she would care if the project is completed, or if the bar gets closed down. She will still charge rent, after all. So why is she pushing them to do it?
It may be worth getting an independent quote on the work, to see if she is just trying to line her own pockets. (Soundproofing a bar ain't cheap, though).
I'm not entirely sure why the landlady is so anxious for the work to be done, but maybe it is because she fears if the bar is closed by the council and your friends are forced to walk away due to lack of funds, she will then not be able to rent it to anyone else unless she does the work herself. So perhaps a compromise could be reached that would benefit all.
Perhaps the landlady could arrange and pay for the necessary work, and a new rental contract could be drawn up, whereby the tennant pays an increased rent for a period of time, which will eventually cover the cost incurred; or perhaps an agreement could be reached to split the cost.

These are just my own thoughts; I'm not a legal expert by any means, and maybe Maria or someone else will be able to offer more suggestions or advice. I hope this may help a little, and wish your friends all the luck in the world. The bar business is tough enough without this kind of headache. I have heard of so many previously strong relationships that break up due to the stress of trying to successfully run a bar here, so the best thing you can do for your friends in the meantime is to remind them that nothing is more important than their love & support for each other, and that no problem is big enough to cause any kind of damage to the family.


_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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31 Oct 2008 14:10 by www.costadelazaharbuilders.co.nr Star rating in oliva costa blanca. 38 posts Send private message

www.costadelazaharbuilders.co.nr´s avatar
Thanks roberto


All advise is great at the moment i have printed your comments of and will show them.
The landlady here has a very bad rep and she is also conected with the legal system also owning half the town.
Things do look very bleak at the moment.

Best regards

john.


_______________________
come visit us www.costadelazaharbuilders.co.nr  Your local build...



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31 Oct 2008 14:53 by headless Star rating in Gandia. 40 posts Send private message

headless´s avatar
Having owned several bars (in Barcelona...and note the past tense) one is always at the mercy of selective enforcement with regard to just about anything that can damage your business. A quick trip to the town hall should have told them everything they needed to know BEFORE they proceeded with parting from their cash. And a quick trip now will tell them the real state of affairs.



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31 Oct 2008 17:01 by Roberto Star rating in Torremolinos. 4536 posts Send private message

Roberto´s avatar
I notice that John's friends, and Headless, are both in Gandia. What a coincidence. How big is Gandia after all? No doubt Headless will know the bar in question, and if he (she?) has been there a while, may even know of this nasty landlady. How interesting!

_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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01 Nov 2008 19:55 by mariadecastro Star rating in Algeciras (Cadiz). 9344 posts Send private message

Legal Questions? Speak to Maria Direct
I would not be anxious just out of the previous owners´ ideas and suggestions. It may be that she is liable of having that fitted before transmitting it to your friends.

I would like to see the sale-contract that they signed? It may throw good light to the issue.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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