August 16, 2007 at 7:35 am #53091
Have, the forums users have any knowledge as to why the Spanish developers in nine out of ten cases insist that snagging will be done after the completion/notorisation.
Apart from the fact that you cannot take anything they say in good faith, its make sence to finsh the appartment 100% and hand over the keys and close the chapter.
I know cases where the developer insist it will be done after completion the buyer insising it should be done before and as a result the completion has been delayed for over an year.
On the legal side, yes you guessed it. Snagging is not a legal reason to not to complete on the property by the buyer.
August 16, 2007 at 7:51 am #74042
When I was being pushed by the developer to complete in Marbella (on an illegal property) they said the keys were in Malaga & I was not allowed entry before I completed. I was not the only one. The nearest I got to seeing inside one room was by climbing up & pushing a window open.
August 16, 2007 at 9:31 am #74049
Actually I’ve only had one case where a developer was ar**y about allowing access for snagging before completion. They were “prepared” to allow me just 10mins inside the apartment!
Maybe I’ve just been lucky but the norm by far is for the developer’s site agent to meet me at the property or even let me have the key and they usually leave me to it for as long as I want.
Of course, any developer wants to get his hands on the money asap and to get shot of the property and doesn’t want anything potentially to hold this up.
If this is something that may be important to a potential purchaser they should insert a clause about snagging in the contract. Unfortunately many buyers don’t even bother to read their contracts in the first place!
August 16, 2007 at 9:45 am #74050
With respect hillybilly, surely this is what we pay our lawyers to do. To go through our contracts and ensure our best interests are legally protected?
With so many developer-biased contracts issued, especially when it comes to penalties, snagging and when completion takes place (should be when LFO is issued, not just the architect’s End of Works certificate), it’s not rocket science for a lawyer to ensure these three major potential ‘headaches’ are avoided.
August 16, 2007 at 9:58 am #74051
I do not wish to go down the road of contracts, lawyers etc. I am talking about WHY, the developer insist that it is done after completion.
There has to be a reason no matter how obscure or commercially irrational or self destructrive this is i terms of marking or the developers goodwill.
August 18, 2007 at 9:08 pm #74080
One urbanistaion where we are doing property management a large percentage of Spanish owners are refusing to complete until snagging has been completed (lots of issues) including the lack of a fitted kitchen and a/c which some had been told would be included.
I can see it from both sides, but after the last 12 months I’d object to signing knowing what I know about some of the properties.
August 19, 2007 at 9:40 pm #74091
My question remains, why the developers insist in doing the snagging after completion.
Surely, if they have the intention of carrying out the snagging then why dont they do it before the completion ????
August 20, 2007 at 11:53 am #74102
Its to do with insurance – up to a around 3 years ago there was no problem wandering around sites either to show clients or for a revieing – mostly I went to see about rental prospects!!!
But after several accidents, the insurance companies stopped payouts if laypeople were injured, and so no ‘normal’ person is allowed on the actual site – also remember there are different teams involved ie the selling/promotioanl company, the developer and the actual builder – they are not all the same team
August 20, 2007 at 12:31 pm #74105
If the site is too dangerous to visit in order to do snagging, then am I missing something here – or isn’t it too dangerous to complete and live there????
Think “What a Whopper” is more appropriate if ever that is given as an excuse not to allow snagging before completion.:wink:
August 20, 2007 at 12:40 pm #74106
As Charlie says, If it ready and assuming that LFO, is issued than it must be fit for habitation and this in turn means that there should be no risk of a third part claim.
I am still seeking the light, as to the reason why developers would insist on completion befor the snagging.
August 20, 2007 at 12:46 pm #74108
Shakeel – maybe below will give you two examples why some developers would like snagging done after completion.
The photographs show two typical sites that on which the property buyers have been notified that the property is complete and ready to be occupied and where the works have been not been completed on the pool and access roads
I know this doesn’t answer your question fully, but obviously in some cases as pictured above, the reason is obvious.
Interesting link to read: http://www.eyeonspain.com/spain-magazine/snagging-survey.aspx
August 20, 2007 at 1:10 pm #74109
Looks all too familiar!
As a purchaser you only hold the private contract, not the actual property. Once you have completed then you are recognized in law to be the owner and a legal entitly for insurance claim purposes.
Thats my theory and Im sticking to it!! 😀
Actually its what I was told by a developer ages ago – if an accident happened then he would be personally liable as the private person had no reason to be thee – he bought off plan, he isnt recognized as a person and isnt a worker and therefore isnt covered!
Makes it a nightmare trying to resell an off plan as you cant gain access!!
August 20, 2007 at 7:08 pm #74115
This not a case of snagging. More like nagging the developers.
August 20, 2007 at 9:41 pm #74118
What is there to nag the developers about Shakeel, haven’t you heard that one should just be grateful for small mercies??
The left picture confirms there is at least going to be a swimming pool, the right picture confirms there is electricity. Crikey, I’d complete like a shot – pure luxury matey!!
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