I When I posed this question to my solicitor, the response was ‘no one knows the exact position of the space prior to completion’ and ‘that’s just the way it is in Spain’.
This is blatantly untrue. I’ve bought garages off plan and knew exactly where they were before a stone had been cast. Before buying them I even checked the numbers to see they correspond with the contract. How can you possibly buy something that you don’t even know where it is ? This doesn’t happen in Spain, it happens anywhere to a carefree purchaser. There are plans you can check to make sure the exact location of the garage. And If they change it you can alltogether refuse to carry on with the purchase.
The fault is yours not your lawyer’s.
We lawyers follow the instructions of our clients. We make sure that the garage you signed for in the private contract is the one you are getting at completion albeit under no means are we to be held liable for a garage place which is distributed illogically, that’s up to you, the purchaser, to check or decide upon prior to the signing of the binding private contract. From that point on we lawyers take on through to completion.
It is impossible for your lawyer not to know the exact location of the garage you were buying, impossible.Tell him you want that answer on paper/email. You’ll see how he gives you excuses or refuses to do so.
In fact purchasing a garage in the same building carries a 6% VAT tax. Whereas If you’ve bought a garage in a different building, even If it’s the same complex, the VAT applicable will be 16%, more expensive.
So If you’ve checked out what you’re paying in terms of VAT you’ll know If your lawyer knew or not whether you were buying a garage lot in a different building to where you had your flat.
Your lawyer will not be held responsible at all unless he actually bought a garage at completion with a different number or location to that which you signed in the private contract initially. Other than that there’s little else you can do.