October 20, 2009 at 8:33 pm #55256
I bought a property last year, when i bought the property my lawyer got a final figure for the community charge. for what the seller owed, which was paid in full buy the seller. Now i have a bill for a 2k. the community charge people have recalculated all the properties, my property has gone up but this bill is from when i did not own the property, Is the bill my problem or can i try and get the seller to pay. (what if she will not pay, can i take her to court to try get the money)
October 20, 2009 at 11:57 pm #94729
Are you saying that the community has revised the community charge payable and for the duration prior to you purchasing the property the revised amount is 2000 Euros?
Given that a typical community charge for an holiday apartment (no heating element included) is around 70 Euros a month, then this figures equates to nearly 2.5 years of community payments
So I would guess either the community was not up to date with the seller, or someone is scamming you.
But in answer to your question if there are any debts on the property prior to you buying, they are now your debts.
Also your solicitor should be in possession of a document from the community that confirms the previous buyer was up to date with community charges. If so then refuse to pay this extra 2000 Euros, The community would have to sue you for it and if they have stated that all payments were up to date (in writing) then I can’t see them winning in a court.
I am guessing here but it may be that some owners have not paid community charge (hence the community is in deficit) and the community has decided to spread deficit amongst those that are still paying. If an owners does not pay then the community will take them to court and force the sale of the apartment to recoup the monies owed. It may be that some apartments fall into this category and the community is seeking payment from the paying owners until such time as the money is recouped from the sale of properties. But as I say I don’t know whether this is allowed in law, I am just guessing.
October 21, 2009 at 8:28 am #94731
as jp1 stated, on purchaqse the administrator supplied in writing that the previous owner was fully paid up, then they cannot charge you for this.
October 21, 2009 at 7:47 pm #94753
Thanks for the replies ,its not looking too good for me is it.
October 21, 2009 at 10:05 pm #94754
Welcome to the world of Spanish property ownership!
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