Lawyer or notary in Gandia

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Carolina Just 

English speaking, lives and works in Gandia. She knows the town like the back of her hand so will be able to tell you if the mistake is a problem or not. 

 Can  you  not  make  it a  condition  of  Purchase  that it is rectified  prior to purchase,, take what estate agents  says with a pinch of salt 🧂 🤔,  I am  sure your Lawyers  will go that route   ,  no  completion  until rectified,  That my view  on it

Best of luck 👍 

When I bought my current three bedroom house six years ago, I was given a copy of the agreement in Spanish to read prior to meeting all the other interested parties in the notary's office to finalise the purchase.

I spoke no Spanish at the time, but was fairly sure the document was describing it as a two bedroom house, with no mention of the third bedroom. However, I couldn't be sure I wasn't misinterpreting it due to not understanding Spanish.

However, I raised it in the meeting and was glad I did! Neither my lawyer, the sellers or the sellers' lawyer had spotted this fundamental error in the paperwork. There was a delay while, at my lawyer's request, the notary's secretary re-typed the appropriate page in the document to include the third bedroom. Then we all signed it and the money changed hands.

The moral: insist that the document is 100% correct before you sign it, afterwards is too late.

Hi Chris and welcome to the forum,

I strongly advise that, under no circumstances should you agree to completion on this property until legal ownership, i.e. the seller has completed the inheritance from his spouse, has been regularised.  In Spain, it's a legal requirement for inheritance to have been effected within 6 months of the death (in exceptional circumstances, this can be extended to 1 year), so time is of the essence for the vendor.   In fact, the estate agent shouldn't even be listing the property for sale without the title being resolved - and don't take the agent's assurances as any guarantee either.  I don't believe any competent notary or lawyer would allow you to complete on this purchase without clean title, so if it can't be resolved, be prepared to walk away.

Kind regards,

Kim 

Hello,

Thank you very much. I have contacted the above mentioned lawyer. Appreciate all the input regarding the correctness of the paperwork. I will push for it, I have paid a few thousands deposit but don't want to risk more. Indeed the real estate agent is reassuring me that this is a common mistake, I even spoke to the notary  recommended by the estate agent and the notary also says that it's a common error that the registry is not updated as the cadastral register are.  I honestly don't doubt that the sale is legitimate but I just don't want to deal with fixing legal stuff months/years down the line.

This week I hope to clarify with the lawyer how to best proceed.

Very helpful forum.:)

Thanks,

Chris

Hi Chris, I purchased a flat in Gandia late last year. Here's my experience and advice -

Beware of real estate agents! Their primary consideration is their commission. In Spain, contrary to other countries, real estate agents don't need a license, they can just set up shop and start selling. Some (not all, of course) are unscrupulous, especially with foreigners. SIGN NOTHING until an English-speaking lawyer has looked at the document and approved it. The lawyer I used (English speaking) is JOSE LUIS PEREZ ESCRIVA located at Carrer Major, 69, Gandia. He's very good and knows everyone in town.

As for the different address on the Nota Simple, that's actually quite common and the reason is that the street names and numbers have changed over time. The flat I bought had a completely different street name (and number) than what it is today. Insist that the Town Hall Registry office modifies it (your lawyer will ask them to do it, that's what you pay him/her for.)

Regarding inheritance issues in Spain: this can take a long time. I agreed to buy the flat at the very beginning of April last year, and it wasn't until mid-October that it became mine. As someone commented above, ideally (legally?) the flat shouldn't even be up for sale until the inheritance issue is finalized.

As a final note, to purchase a flat in Spain without using the services of a local lawyer would be sheer folly. 

Good luck, and don't hesitate should you have any further questions.