Legal documents and our reservation deposit

This topic contains 3 replies, has 3 voices, and was last updated by  johngold 9 months, 1 week ago.

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  • #194108

    LoopyLisa
    Participant

    Hi.
    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 As this is the only access to the property the law protects you unequivocally from this access being withdrawn ………..”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.
    Thanks

  • #194130

    macgd016
    Participant

    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.

  • #194833

    LoopyLisa
    Participant

    Just to update.  We stuck with it and then we received a demand from the vendor to sign the contract or they will cancel the reservation agreement and the deal is off.  OK ….. we know what you want but the vendor rejected the contract as unacceptable to them, we came back with alternatives and heard nothing from them.  The deadline passed and the next thing we hear is a demand for the euro3000 from the reservation contract as compensation.   We managed to stall that and we checked out the details on line for the property and found it still being offered for sale and in fact an alternative agent had actually updated the information (although not rectified the errors in size!) on 31 December; 2 weeks before they purported to cancel the contract!!!!  Now the agent has refused to give us our money back and said that their lawyer has cited a breach of the Spanish Civil Code.  I’ve looked at the code and think he is either chancing himself or hasn’t been given the full story.  Needless to say we are adamant the money is not to go to the sellers and I would give it charity rather than letting the seller have it.  They have not helped at all in dealing with the constant issue of access and to our mind this still remains outstanding as all there is is a verbal agreement.

    The joys of being 1000 miles away and reliant on email!!!

  • #195199

    johngold
    Participant

    Always an independent Lawyer is the best practice when buying a property. And really when  you reserve a property this is point at which you instruct a properly accredited registered English speaking Spanish Lawyer to look after your interests. They then are able to do all the checks and also challenge anyone that is giving you legal reasons why as to non return of deposit.

    You should always have a reservation contract and then a main contract..

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