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Trying to find out if an extention is legal. - Page 2

Posted: Sat Jul 6, 2019 8:09am

Peter Rossa

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Posted: Sat Jul 6, 2019 8:09am

The Estate Agent in La Marina I paid to do everything, they assured me they would do all searches with their own Conveyancer, I was unaware of the way things operate in Spain and it seemed like an easy way to get everything done at the time. So I guess she is not a registered Lawyer.

Posted: Sat Jul 6, 2019 8:27am

LeckyLes

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Posted: Sat Jul 6, 2019 8:27am

Peter, that's understandable , and I agree you are wise to now employ your own Lawyer.

I hope it's all eventually amicably ironed out and all turns out well for you in the end .

LeckyLes.

Posted: Sat Jul 6, 2019 8:52am

Cheryl

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Posted: Sat Jul 6, 2019 8:52am

Peter Rossa wrote on Sat Jul 6, 2019 8:09am:

The Estate Agent in La Marina I paid to do everything, they assured me they would do all searches with their own Conveyancer, I was unaware of the way things operate in Spain and it seemed like an easy way to get everything done at the time. So I guess she is not a registered Lawyer.

Never use the solicitor recommended by the estate agent. Just google "should i use the solicitor recommended by the estate agent in Spain". The estate agent is being paid by the vendor to sell the house, not to point out to the buyer why they shouldn't.

Posted: Sat Jul 6, 2019 1:28pm

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Posted: Sat Jul 6, 2019 1:28pm

Hi Peter,

It's true what they have written regarding data protection, but surely they're able to anonymose the documents by putting stickers over the personal data and scanning it?

This would at least be my expectation from a professional.

Best regards,

James

Posted: Sat Jul 6, 2019 6:10pm

Janice51

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Posted: Sat Jul 6, 2019 6:10pm

Hi Peter, I am currently in the same boat as you are but I used a lawyer. I already had this lawyer recommended to me and the estate agent suggested the same person. So far it has been on my initiative that the lawyer checks the legality of a small conversion having been built in an existing ‘barn’. I have no doubt that no building permission was applied for, no surveyor has checked or approved the work and there is no Habitability Certificate issued. The lawyer tells me this certificate is just for new builds. I fortunately asked for advice on this forum where there are so many helpful people who have had the experience of buying a property in this part of Spain . Thank God I did. I have received and copied all their replies which I have used in my dealings with the lawyer.

The lawyer is now visiting the town hall on Monday to find out the exact situation but I foresee a battle!!!

Good luck,

Janice

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Posted: Sun Jul 7, 2019 8:09am

Willy

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Posted: Sun Jul 7, 2019 8:09am

What Kim is saying is spot on and NEVER NEVER use the agents lawyers no mater what assurances they give you!

Posted: Sun Jul 7, 2019 4:29pm

Peter Rossa

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Posted: Sun Jul 7, 2019 4:29pm

Janice51 wrote on Sat Jul 6, 2019 6:10pm:

Hi Peter, I am currently in the same boat as you are but I used a lawyer. I already had this lawyer recommended to me and the estate agent suggested the same person. So far it has been on my initiative that the lawyer checks the legality of a small conversion having been built in an existing ‘b...

 

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...arn’. I have no doubt that no building permission was applied for, no surveyor has checked or approved the work and there is no Habitability Certificate issued. The lawyer tells me this certificate is just for new builds. I fortunately asked for advice on this forum where there are so many helpful people who have had the experience of buying a property in this part of Spain . Thank God I did. I have received and copied all their replies which I have used in my dealings with the lawyer.

The lawyer is now visiting the town hall on Monday to find out the exact situation but I foresee a battle!!!

Good luck,

Janice

Good luck indeed to you Janice. I am just about to write to the Estate Agents telling them I will appoint a solicitor as they are unable or unwilling to confirm what I am asking.

Posted: Sun Jul 7, 2019 4:31pm

Peter Rossa

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Posted: Sun Jul 7, 2019 4:31pm

This post that was quoted has been deleted.

Thank Kimmy, that is very useful indeed!

Posted: Sun Jul 7, 2019 6:48pm

Janice51

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Posted: Sun Jul 7, 2019 6:48pm

Peter, I chose a lawyer from the British Embassy list which turned out to be the same one recommended by the estate agent! Someone else had already told me that they had used the same one in their transaction. Nevertheless, I still doubt the lawyer’s integrity as she has actually said that certain documents are only necessary for a new build, or other excuses which not only has everyone on here told me are wrong, but actually contradict what she herself wrote on the contract I signed right at the beginning! So strange...

Janice

Posted: Sun Jul 7, 2019 7:08pm

Peter Rossa

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Posted: Sun Jul 7, 2019 7:08pm

Hi Kimmy, I did read Jim's guide thank you, my interpretation though was that as the present owners haven't even yet added the extension to the deeds, the Nota Simple wont reflect this.

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