Discrepency between Nota simple and land registry deed

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This topic contains 8 replies, has 3 voices, and was last updated by Profile photo of Anonymous Anonymous 9 years, 7 months ago.

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  • #52832
    Profile photo of Anonymous
    Anonymous
    Participant

    I am shortly due to pass over the cash for a property and have been notified that there is a discrepency between Nota simple and land registry deed in that building is larger than that declared in the land registy deed Banco Halifax hispanisa are now asking for the land registry deed be amended to reflect the true building size. This is going to cost approx 1700 euro I am being asked to pay this although it is the vendor who originally registered the building.
    my question should it fall to me or the vendor to pay ?
    Any advice in the next two days really appreciated

  • #71138
    Profile photo of Anonymous
    Anonymous
    Participant

    Obviously the vendor pays for it. Your lawyer should see to that. In a buyer’s market such as this there should be no problem.

    What you post is fairly common. An unregistered extension has been done and now a “Declaración de Obra Nueva” (new construction deed) has to be done at the notaries and then lodged at the Land Registry.

  • #71140
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks for coming back so quickly please see text below

    Reply
    It is Ok, but according to the contract I am not sure the vendor will pay for it

    Message I sent to my solictor
    Can you confirm the following statement taken from the document

    Although provisions V) will be debited from your bank account, this cost is for the vendor and subsequently need to be deducted from the purchase price.

    V) New Works

    The figures are calculated on a valuation amount of 78850€

    TAX Notary´s fees Land registry fees Management fees TOTAL
    789€ 428€ 147€ 325€ 1689€

  • #71221
    Profile photo of Anonymous
    Anonymous
    Participant

    Can someone tell me what the legal implications of the statement below are

    los costos de la formalización del hecho de la venta correspondiente estarán a nombre de la parte que compra a excepción de la ganancia sobre el capital municipal

    Any help appreciated

  • #71350
    Profile photo of Anonymous
    Anonymous
    Participant

    Can someone tell me what the legal implications of the statement below are

    los costos de la formalización del hecho de la venta correspondiente estarán a nombre de la parte que compra a excepción de la ganancia sobre el capital municipal

    Any help appreciated

  • #71223
    Profile photo of Anonymous
    Anonymous
    Participant

    hi Brendandv

    My Spanish is not brilliant but I think this means something like:

    ‘The costs of the formalisation of the corresponding sale will be to the name of the buyer except for the profit on the municipal capital’.

    I guess this makes the purchaser liable for this additional cost. What ‘except for the profit on the municipal capital’ means I have no idea. However, I’m sure one of the Lawyers who regularly post on this forum will be able to tell you.

    You may find that this clause is not actually legal.

    Good luck.

  • #71354
    Profile photo of Anonymous
    Anonymous
    Participant

    hi Brendandv

    My Spanish is not brilliant but I think this means something like:

    ‘The costs of the formalisation of the corresponding sale will be to the name of the buyer except for the profit on the municipal capital’.

    I guess this makes the purchaser liable for this additional cost. What ‘except for the profit on the municipal capital’ means I have no idea. However, I’m sure one of the Lawyers who regularly post on this forum will be able to tell you.

    You may find that this clause is not actually legal.

    Good luck.

  • #71226
    Profile photo of Anonymous
    Anonymous
    Participant

    I submitted the spanish text because I made my own translation of the text and drew my own conclusions as to it’s meaning. I presume to my own cost.

    I have made a translation through some software on the web and it translates to the following “the expenses of formalization of the corresponding deed of sale will be on behalf of the buying part with the exception of the municipal capital gain”

    what I am interested in is how “the expenses of formalization of the corresponding deed of sale will be on behalf of the buying part ” can be translated into you pick up the costs for everything”

    Does the limiter “deed of sale” not apply to some limit of sort

  • #71360
    Profile photo of Anonymous
    Anonymous
    Participant

    I submitted the spanish text because I made my own translation of the text and drew my own conclusions as to it’s meaning. I presume to my own cost.

    I have made a translation through some software on the web and it translates to the following “the expenses of formalization of the corresponding deed of sale will be on behalf of the buying part with the exception of the municipal capital gain”

    what I am interested in is how “the expenses of formalization of the corresponding deed of sale will be on behalf of the buying part ” can be translated into you pick up the costs for everything”

    Does the limiter “deed of sale” not apply to some limit of sort

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