[Anonymous]

After several delays my off-plan appartment is now ready for completion. My lawyer has advised me that the property has not been segregated yet; further the 10 yrs builders guarentee is not available for my bank. this means that I can’t mortgage my property and therefore not complete.

The developer / estate agent however, insists on immidiate completion. I am sure that this has happened before. What is the legal position on this?
Any advise from people with similar experiences most welcome

[Anonymous]

No 10 year builders guarantee?? They cannot talk of completion so they cannot make you sign… Spanish Law does not allow properties to access Land Registry without this guaranties. If it is not in the Registry a property does not officially exists, so What are they going to sell you then? and Where? a Real Estate Property HAS to be officially sold before and with the authorization of a Notario And he wont, by no means, authorize the selling of a property not previously registered

Ask your lawyer to draft a Notarial Requirement to demand everything in contract and in Law to be fulfilled before completion.

Also, do not let them make you go to the Notario the day of the signing without knowing what exactly you are going to sign, ask for a previous copy/draft of the deeds and make your lawyer to review it first

I do not understand what do you mean by segregation. Different plots??? different dwellings in what we call horizontal property???

Cesar

[Anonymous]

Hi Cesar,

As a lawyer,are you not amazed, shocked,or embarrased (or perhaps all three ! 😉 )at the type of disgraceful tactics we purchasers have to put up with when buying a property in Spain from these estate agents/developers?

[Anonymous]

Claire,

I’m a lawyer, I do negotiation but most of my work is litigation I represent architects mainly but purchasers, sellers and even builders and promoters are among my clients, belive me, I’ve seen it almost all in this business… 8)

Cesar

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