Reply To: House illegally built, buyers given 100% mortgage !!!!

#97421
Anonymous
Participant

The urban law can be checked at the Town Hall, so if they are already saying that the land is protected, then it will be much difficult to resolve the situation. In any event, you should discuss the case with a lawyer to see if there is anything to be done (as depending on which region the property is, the urban law is different).

In case it is not possible to legalize the house, I find in principle quite difficult to take actions against the vendor, as your parents could have found out by themselves at the time of buying which was the urban qualification of the land by checking it at the Town Hall instead of trusting in the word of the vendor. However, once again, to be in position to give you more specific advice, you will need to supply all the documents related to the operation to a lawyer and allow him to study the case properly.

In case your parents were assisted by a lawyer when the bought the house, as the previous post says, you could study the posibility of claiming responsibilities to the lawyer. Also, if the construction was managed by an arquitect, he could be responsible as well. Once again, this must be checked.

Regarding your comments about the bank, again, the bank is not a legal advisor. Sometimes the director of the branch has faculties to approve the mortgage (this depends on the internal rules of each bank) and sometimes they don’t. Obviosly, they can make mistakes.

Thanks