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Do I need a Surveyor ??

Posted: Thu May 31, 2018 9:08am
7 replies211 views6 members subscribed
Manny

Posts: 7

Location: Pinoso / El Pinós

Joined: 25 Apr 2018

We will hopefully be moving to a townhouse in a small village near Gandia, the house looks in perfect condition & our agent have told me they wouldn't bother with a survey as not worth it on a townhouse but there is a strip  of land at the back which supposedly had been sold to the neighbour many years ago- but all bit vague-would this be something our lawyer would know or is it a surveyor ? We are getting lots of different advice & any help/advice would be appreciated , Thank you

Jan

Posted: Thu May 31, 2018 9:36am

Jan

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Posted: Thu May 31, 2018 9:36am

Hi

It's best to ask the lawyer who is going to be dealing with any property conveyance for you, about the piece of  land.

No reflection on any particular agent but don't believe everything you hear from any Agent. Check out independently anything  that is important tp you. Agents are there to sell properties but a solicitor will check out the legalities/any debts and anything else you ask them to, like this piece of land.

As for the agent saying they would not use a Surveyor, they are not the buyer and they just want a quick sale. There are lots of properties for sale and personally, as in the UK, I would get a survey done on any resale property. The Surveyor will check the property and the Solicitor can do searches which should flag up any development issues around the property.

If you are not sure about the property it's best to move on to look at others as you will be spoilt for choice. Use other agents as well and look around yourself is the best advice.

Hope this helps.

Grace52

Posted: Thu May 31, 2018 2:42pm

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Posted: Thu May 31, 2018 2:42pm

Hi I would advise a survey and wish I had had a one done on the property as it has cost me a lot of euros to stop leaking roof and fit a new kitchen 

JennyT

Posted: Thu May 31, 2018 10:50pm

JennyT

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Posted: Thu May 31, 2018 10:50pm

Hi Manny 

As I was a property lawyer in the U.K. for 12 yrs I would advise you to get a survey AND ask your lawyer to investigate the strip of land .  This is vital .  

I would agree with Jan , Agents are acting for the seller and not you.   It is why a lender wouldn't contemplate giving a mortgage without a survey and valuation first (the U.K. At least ).

  A surveyor will advise you whether the property is structurally sound and what remedial works (if any ) are required .   If there are defects or work is required then this may be grounds for negotiating with the seller i.e. Get the work done or preferably reduce the price accordingly .  It would be madness imo to spend such a substantial amount of money without a survey being carried out before exchange of contracts .   

Also of importance is getting your own independent lawyer.  For whatever the nonsense some Agents come out with about it being different in Spain , it isn't .  At the end of the day there's a conflict of interest which is why in U.K. One solicitor cannot act for both Seller and Purchaster .  Their interests are different .  The Seller wants the property sold and the Putchsser wants a clean title , and a property without any restrictions or charges (outstanding debts )  with planning permission .   

I hope this helps .  Message me if you want any more advice I'd be only too happy to help .  It's too important to cut corners !   J 

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Willy

Posted: Fri Jun 1, 2018 11:12am

Willy

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Posted: Fri Jun 1, 2018 11:12am

Jan & JennyT

Just GREAT ADVICE I could not agree more.

JennyT

Posted: Fri Jun 1, 2018 1:47pm

JennyT

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Posted: Fri Jun 1, 2018 1:47pm

Thank you Willy.  Its difficult for ppl when they are told 'you don't need Surveyor or your own Lawyer' because you're in a different country .  

There's a good reason why a bank or building society wouldn't contemplate lending a penny without a valuation and survey and instructing a solicitor independent to the seller to check the legalities . That is because they don't want to risk losing money if the property is defective as their security is diminished . .  Why should an individual take the risk ?!  You will have no come back on the Seller or the Agent as it is your responsibility to investigate the title and property .  It is still a case of 'buyer beware' and you have to satisfy yourself that the property you are buying has all the permissions free of debt and the entirety is owned by the seller plus it is in good nick structurally .  

I was told complete garbage by Property Agents Selling in Spain (including the big names in the UK)  about not needing a solicitor 'it's the Spanish way '.   Where you have land and buildings it doesn't matter whether you are in U.K. or Timbuktu ,  you need independent legal and surveying advice .   Maybe  this is why there are so many poor Ppl lumbered with houses without planning permission , outstanding debts attached  to them and built on property they don't own .

Nine times out of ten it will be fine and the property ok .  So you will hear of ppl saying they didn't bother getting their own  lawyer or surveyor .   But when you are spending so much money why risk being the unhappy 10 per cent where the property is defective .    Added to that ,, sorting out property matters through the Spanish Courts post completion is an unenviable prospect .   Close the door before the horse can bolt is my advice !!  Cutting costs on lawyers and surveyors fees is not an option anyone should take IMO .  

Sorry for long post , I just hate to think of people risking their life savings because they are given bad advice .   J 

Manny

Posted: Fri Jun 1, 2018 7:35pm

Manny

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Posts: 7

Location: Pinoso / El Pinós

Joined: 25 Apr 2018

Posted: Fri Jun 1, 2018 7:35pm

Thank you for all replies- can anybody recommend a surveyor or where I would look for a 

Iist of RICS surveyors in Gandia area, thank you

JennyT

Posted: Fri Jun 1, 2018 8:10pm

JennyT

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103 helpful points

Location: Cabo Roig

Joined: 13 Apr 2018

Posted: Fri Jun 1, 2018 8:10pm

Hi Manny 

I used this firm when I bought last month .  They were recommended by my English /Spanish lawyers and I found them very helpful and professional plus didn't mind my constant querying !!  I raised lots of questions and they never lost patience with me ! 

http://www.stconsultores.com/

I applied on line in the Spanish Survey section and got  an e mail back from Mario who kept me in the loop through out .   They are a national organisation and they instruct local surveyors to conduct the survey .  They then provide you with a detailed report including many photographs .   It was money well spent . 

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