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Can anyone here point me in the right direction. I have two apartments on the Vistalmar development in Manilva. I have been told I must complete on them by the end of the month even though there is no occupation license, and therefore no electricity and water on the development.
My lawyer, says she had me sign a contract stating I must complete at the time of ‘works complete’, not on the granting of the occupation license. There are people who have completed on their apartments at Vistalmar months ago and who cannot live in them as there are no services.
I would like to wait until there is an occupation license before completing, but Vistalmar say I must pay them interest if I do this. Is this legal to force people to complete on property that they cannot use, nor that they can verify is working, (ie without electricty we don’t know kictchen applicances etc function.) ?
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It shouldn’t be legal to force you to complete on a property with no certificate of first occupation as without this you wouldn’t be able to get a mortgage or indeed AFAIK be issued with the escritura never mind get services connected.
But if you have signed a contract saying otherwise then you are obliged to fulfil your side of the contract unfortunately. I’d check it very thoroughly. And if your lawyer was responsible for letting such a clause through then she wants shooting or at the very least complaining about. Your lawyer (if truly independent) is supposed to act in your interest, not that of the developer. Good luck. -
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Have to agree with Claire on this, it’s the continual problem of the incestuous triangle of agent, lawyer, and developer.
It does seem Essexgirl has been unfairly put in this position by her lawyer, my advice is to try and insist the agent steps in to rectify the situation and have a go on your behalf, but don’t hold your breath!
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@essexgirl wrote:
Can anyone here point me in the right direction. I have two apartments on the Vistalmar development in Manilva. I have been told I must complete on them by the end of the month even though there is no occupation license, and therefore no electricity and water on the development.
My lawyer, says she had me sign a contract stating I must complete at the time of ‘works complete’, not on the granting of the occupation license. There are people who have completed on their apartments at Vistalmar months ago and who cannot live in them as there are no services.
I would like to wait until there is an occupation license before completing, but Vistalmar say I must pay them interest if I do this. Is this legal to force people to complete on property that they cannot use, nor that they can verify is working, (ie without electricty we don’t know kictchen applicances etc function.) ?
That’s a lie. Under our law you are not obliged to complete before the granting of the Licencia de Primera Ocupación.
Without this licence the supply companies cannot give you water,electricity,telecommunications etc..
Trick your lawyer to putting all that in writing and take the case to the ICA of the province where he’s collegiated. You need prove/evidence to uphold your case. Make him/her write that pathetic lie. An email will suffice, a signed letter/fax would be just great.
You can be certain your lawyer works for the developer and not on your behalf.
I’m very sorry to hear your case.
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How we wish there were more people like Drakan involved in Spanish property!
Drakan, is there any chance of starting a roll to get the Spanish Gov’t and regulatory bodies to clamp down on all these ‘dodgy’ practices by some agents, lawyers and developers? As Claire says, it goes on all the time and gives the industry a bad, bad name, it never stops and doesn’t look like it will.
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