Completion Confusion!

[Anonymous]

Could anybody shed some light on the following that still confuses me:

1. How does the Notary Office allow the completion without the LFO in place, or do they have nothing to do with that side of it? If I signed the Escritura de Compraventa on the day of completion then I have not had title to the property until the LFO was issued eight months later?

2. Who is really at fault in allowing the buyers to complete. The developers who did not have the LFO on completion or the estate agents/solicitor who knew that it was not issued and should have said no. And is it ILLEGAL in spanish property law to complete without it, rather than one should not complete without it because of the complications.

Thanks

Carla

[Anonymous]

It is nothing to do with the estate agent.

The Lawyer should know whether or not there is an LFO in place. If it is not, then it is his duty to inform you. It is his duty to tell you of the consequences should YOU decide to complete without the LFO. It is not illegal to complete without the LFO. It is very unwise to do so.
This is what I have learned from the discussions on the forum.

Anyone is welcome to correct me if I am wrong.

[Anonymous]

Thanks Claire, yes that is what I thought too.. my lawyer mentioned to us that we could go ahead and complete but that the LFO would be forthcoming in a few weeks. Ignorant as we were back then, we thought that was OK for a short time, as we very soon had nowhere else to live anyway.

But I realise that that information was merely passed on to him by the developers. So is he really to blame or the developers? I wonder if the developers were lying and already knew that there was a big problem ensuing but kept us in the dark anyway. And still how did the bank allow us to acquire a mortgage without the LFO? I thought they weren’t mean to. Its all really an elusive bog. Just trying to tie all the facts together.

[Anonymous]

Banks will give a mortgage without an LFO, but you should be advised that if it all goes pear-shaped you are still liable to repay the debt…at any cost!! 😯

If your lawyer was “reputable”, he should have advised you not to complete . That is what you were paying him for …PROFESSIONAL advice and service!.

In my personal opinion, developers are scum and have the scruples of sewer rats. 😈

Correction…they have none at all!

[Anonymous]

Yep Claire! Its funny how they all scuttered away and disappeared the moment we moved in.

I think the very worst insult of all was whenever I complained the developers would say: “You do realise that we are paying thousands for that temporary electricity supply you have there!!!”… in other words, “You whinging cow – be grateful that you have any electricity at all”.

Obviously the daily risk of being electrocuted by fried wires running all over the house was totally insignificant. 🙄

[Anonymous]

Hi all i have just been told that our complex has started signing this week and the habitasion licence has been granted and all other paper work has been agreed verbilly,[what ever that means}they are only waiting for the health people to check the pool is safe.Cant wait i guess we then have to sort out the community and how to run it any ideas how to proceed 🙄

[Anonymous]

@smurf wrote:

Hi all i have just been told that our complex has started signing this week and the habitasion licence has been granted and all other paper work has been agreed verbilly,[what ever that means…

I hope your lawyer (and most importantly you) have seen a copy of the Habitation licence. Don’t just take the developer’s word for it.
And don’t be mislead by the fact other people are completing.

Having said that, do hope all is in place and you enjoy many years in your new spanish home 😀

Barbara[/i]

[Anonymous]

Thanks Charlie i have not seen it not sure if lawyer has seen it either, just shows you have to be on your toes at all times.as mine is away all augs i will ask her for a copy when she returns. will also ask those who have signed Thanks once again, i know i would never have got there with out this site{not far to go now i hope}

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