September 12, 2007 at 9:31 pm #53344
who else is in the same situation ?
we came to murcia to buy a property and had initially intended to buy a resale, but we liked a small development we viewed so much we decided to buy off plan here and wait a year until it was completed. this was feb 06. we paid our 40% by april 06 and our property was to be completed by feb 07. fine so far…
right from the outset we had been on at our solicitor to make sure all the paperwork was in order as like many we had heard some horror stories about buying in spain. we were assured verbally and by email from him, that all paperwork was in place and the builder had a very good reputation locally and we shouldn’t worry about anything. still fine so far…
around oct/nov last year whilst reading posts on eyeonspain someone dropped a bomb shell by asked the question, ” whats this habitation licence all about ? ” well like many people we had not come across this before so we immediately asked our solicitor who explained, it was issued by the council and it might take a few months to get granted. we were really angry about this since he had failed to discuss this at anytime up until we broached the subject with him. since that point he has told us that in our region it can take a long long time to be granted and there’s nothing anyone can do to speed it up. brilliant !
if he had mentioned this back at the beginning we would have walked away from this site and bought elsewhere. he would still have had our business on another property so we can’t understand why he said nothing ? he’s surely there to guide us and to answer the questions that we don’t know to ask. anyway we sat tight hoping it wouldn’t take long. our house was ready by jan 07 but our mortgage lender won’t lend without this licence. the weeks became months and still no sign of it being granted. we have been told it may not be granted until sometime after the whole development is completed at the end of 08. but how long after this point could it take ? no one knows ?
the wife and i made a decision in july that we weren’t prepared to wait so we approached our solicitor to have our bank guarantee cashed in and get our money back from the builder. our plan is to go back over in oct and look for a resale which is what we had originally planned. i wish we had! what ever we buy we’ll make sure this time that ALL the paperworks correct. unfortunately the builder is reluctant to allow us to cancel as they believe they have fulfilled their part of the contract. our solicitor whom we blame entirely for this situation has said they are in a strong position. even more brilliant !
so this is where we are right now. here is a couple of questions for anyone with a bit of knowledge in this area. is the builder entitled to force us to wait until this licence is granted, even if that is a couple of years away, for example, when the builder offered the property to us for completion in january 07 they hadn’t even applied for the habitation licence at this point. it took them until april 07 before they did this. can they do this? can they offer it as ready before applying for this ? if we did complete, there are no facilities on site yet. they haven’t started the pool, tennis courts, gardens etc.. which was in our contract and on their brochures. how can we complete if the builder hasn’t completed what on the contract ? plus can we put any pressure in anyway on our solicitor about his conduct here ? we even have emails from him telling us that all the paperwork is in place for our property. it clearly isn’t.
some people on our site don’t see the lack of this licence as a problem and have gone ahead and completed. that’s there decision. we have no problem with that, but surely we should have had the right to decide for ourselves if this was something we didn’t want to get invovled in . we believe we were kept in the dark at the beginning of the buying process by the builder, agent and our solicitor and suspect this was no accident ? can anyone suggest a way forward for us, or are we just to sit back and fume, for as long as it takes. we know from many other posts on this forum that we are not alone in our frustrations over this issue. in saying all of the above, if this licence is granted suddenly we would be happy to complete as we still like the our house and the development, but i doubt it will.
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