July 9, 2006 at 12:05 am #51978
We recently signed a contract to buy a house and we were not advised that it was a “VPO” property. Now the owners have stated that with the new andalucian law they are unable to fulfil the contract. Legally can they do this, if so will they repay double our deposit? Thanks
July 9, 2006 at 1:17 am #63462
If they are unable to sell and you have a private ‘arras’ contract they should give back your money doubled. It’s their fault, they should have known (they sure DID know) theirs was a VPO house
July 9, 2006 at 10:01 am #63466
Thank you for taking the time to reply Cesar. Our contract does contain the private ‘arras’ .
But the vendors have said that it is the new law which impedes the sale and not them. So, if would you be so kind as to advise me of/if any conditions under which the seller could be prevented from fulfilling the contract in relation to the ley 13/2005.
One last question, if the contract was signed prior to November 2005, would the conditions of the new lapply.
July 9, 2006 at 10:10 am #63467
Martina – Hi.
In which area of Spain is the VPO you wanted to buy?
July 9, 2006 at 10:19 am #63468
In relation to what you asked earlier about the law 13/2005 the answer is:
Yes, this law is retroactive!
This has raised a wave of protests among VPO owners. If you could read a bit of Spanish, then visit the VPO website (for Anadalusian VPO home owners) to see what is happening. I think that through this site you can see what’s happening in other provinces if yours is not in Andalucia.
July 9, 2006 at 10:34 am #63470
The house is in Seville, so I will check out the website you suggested.
Hopefully it will help me to grasp the new law. I know there has been a lot of changes to the law since December, would you know if they are in the process of making futher changes?
Thanks for your advise
July 9, 2006 at 10:47 am #63472
So, you are in Andalucía then?
Need some additional info.
When was the house built? Was it first bought with public subsidies?
What does exactly say your ‘arras’ contract about the seller not being able to sell in the agreed time? Any exception?
Does the agreed purchase price exceed the ‘official’ one? (yes I know it will but I have to ask)
July 9, 2006 at 11:10 am #63474
Thanks for replying. I was planning to move there when the sale went through.
To answer your questions:
the house is 8 years old;
unsure if it was bought with public subsidies originally as this was not stated on our contract;
In the contract literally said:”Si por el contrario fuera la parte vendedora la causante de la no elevacion del presente contrato, la parte comprado sera indemnizada con el duplo de la cantidad entregada, por los danos y perjuicios ocasionados” as well at the end of the contract is established that “Y para el buen fin de esta operacion entrega como senal y parte del precio”.
I am not 100% sure but I think the agreed prize does not exceed the official, although this a grey area for us because we never were told we were purchasing a VPO house.
Thank you very much for your help!! Really appreciated!
July 9, 2006 at 1:08 pm #63488
when did you sign the arras contract?
July 9, 2006 at 4:56 pm #63503
Roughly about a year ago, does thst make a difference when the law is retroactive?
July 9, 2006 at 6:56 pm #63506
I think you can have them fulfiling the contract at the legal price, but it would need a careful study of the contract and enforceable law.
July 9, 2006 at 10:17 pm #63509
Thanks for your reply, but it flew over me. When you mention that “it would need a careful study of the contract and enforceable law.” I have the following questions:
Enforceable law would be the Codigo Civil or ley 13/2005?
I have been told that the contract is standard, when studying this what in particular should I look for?
What is meant by legal price?
Thank you for taking the time to answer my questions.
July 10, 2006 at 6:17 am #63510
I think that what MariadeCastro means is that a conveyancing lawyer needs to have a look at the contract you signed and see how the new law 13/2005 affects it -if this is the case- and what other laws apply to it.
Giving you any other answer other than what she said would be, IMHO, inaccurate and unprofessional. If your Spanish is good enough to read and understand your contract and read and understand the application of L. 13/2005 then do so by all means.
But if you already have a lawyer ask them to look into the matter and give you their legal opinion as to what you can do.
July 10, 2006 at 9:24 am #63516
You say you don’t have legal qualifications but your answer couldn’t be more accurate.
In theory the seller should have know this Law that forbids the selling of less than 10 years protected dwellings (as stated in it’s May 2006 modification) was coming when they signed the contract but I’m afraid this is going to be a court case with a difficult to predict outcome.
Will this retroactive law be considered by courts a legal excuse to prevent the fulfilling of a valid arras contract?
I personally think so, but… I’m no judge… jut a lawyer…
July 10, 2006 at 9:39 am #63517
Katerina ALWAYS does her research well. 🙂 We’ve been working alongside her for 10 months on our cases against our developer. She has never come up with duff information. She researches her subjects thoroughly! We are full of admiration for her. She delves into places we didn’t know existed! 😉
July 10, 2006 at 11:59 am #63522
😳 😳 😳
Thank you guys! You are all very sweet!
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