March 28, 2007 at 10:37 am #52752
My apologies if this is a subject that’s been covered here before, I have searched the forums but can’t find anything relevant.
My incompetent Spanish solicitors are still attempting to ‘close’ my purchase file more than 2 years after completion. I should add that this has not been a complicated case, just a straight forward purchase off plan, from the developer of a new 2 bedroomed apartment.
Recently I’ve been asked by my solicitor to pay 500 euros in plus valia tax on the purchase. My question is, should I have to pay this as the buyer or should the developer not have been responsible for it?
This figure does not appear in any of my paperwork associated with the purchase and I can’t remember ever having it mentioned to me by my solicitor. Unfortunately I made the mistake of using the same solicitor who acted for the developer. Could this be a case of conflicting interests?
March 28, 2007 at 10:54 am #70407
As far as I know Plus Valia should be paid by the vendor or developer as it is a capital gain tax on the increase in value since the last purchase – either of the house or of the land.
However many developers are sneaking this into the purchase contract and making the purchaser liable. If you have agreed in your contract to pay it then unfortunately you are liable. If it is not in the contract then it is the responsibility of the vendor and your lawyer is pulling a fast one!
March 28, 2007 at 4:06 pm #70413
I asked my solicitor this question when we bought ours and he agreed with tilly and the developer did indeed pay it.
March 28, 2007 at 6:07 pm #70417
Tilly is right.
March 30, 2007 at 10:51 am #70456
Developer should pay it unless it’s on your contract that you pay it.
March 30, 2007 at 6:44 pm #70471
Thank you for your most helpful replies, you’ve certainly given me something to ‘negotiate’ with.
I think I’ll argue this one out with my solicitor even if I have to pay up in the end 😉
Strangely, since I asked for proof that the PVT was detailed in the contract and also asked why it didn’t show up in any of the ‘estimation of costs’ received, my solicitor has gone very, very quiet.
But then I’m rapidly learning that’s the way of things with the Spanish!!
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