Legal documents and our reservation deposit


This topic contains 1 reply, has 2 voices, and was last updated by Profile photo of macgd016 macgd016 2 weeks, 3 days ago.

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  • #194108
    Profile photo of LoopyLisa

    We have had some issues with the purchase of a Spanish house, I am still hoping that we can resolve this but there is an issue over the access and the agent has advised that “the formalisation of the access us unnecessary in a legal context. As this is the only access to the property the law protects you unequivocally from this access being withdrawn ………..” Has anybody ever heard of this? It is the only made up access to the property which apparently was created by the current owners of the property we are buying (but this is not confirmed, just what has been said in conversations). The land that comes with the property is completely surrounded by land belonging to AN OTHER (unknown) and we do have a verbal agreement that a perpetual easement will be entered into by the owner of the random strip of land. The owners and the agents (who are obviously protecting their fee) side with the owners that we are being difficult about it. I don’t think we are but they are now saying that this is not a legal requirement – the deed has to be drawn up by a lawyer and the documents signed off by a notary. Now to my mind that makes this a legal requirement.

    However, it now transpires that as this is a not a legal requirement according to the estate agent from “Bodgitt and Leggitt” who says that he has discussed this with the vendors and the deposit is not going to be returned to us. Since we very much hope that this can be resolved and we will buy the property it isn’t a problem, however, it appears that although we have the reservation agreement with the agent and he will hold it for us, he has in fact passed this onto the vendor. I am not sure where that leaves us, but I am thinking that if we cannot find some common ground to move forward on then this will not be returned to us.
    Sorry, just wondered what thoughts people might have about this.

  • #194130
    Profile photo of macgd016

    Sadly this sort of problem is all too common in the campo and I have heard it said that you have an absolute right to access to your property but I rather suspect that this is not the case.  There is little point in debating this with the owner or the agent as they are not legal experts, I feel that you should decide whether you wish to proceed and engage a lawyer to advise you and ensure that you will have access to the property or withdraw and fight the agent for your deposit.

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