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Trying to find out if an extention is legal. - Page 3

Peter Rossa

Posted: Sun Jul 7, 2019 7:44pm

Peter Rossa

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Posted: Sun Jul 7, 2019 7:44pm

I really think it hasn't got the documentation or permission, if it had been done legally, surely it would already be on the deeds? Just hoping I am not going to lose my 10% deposit. Even better would be if it is all legal and I can go ahead, but if that is the case, why am I being fobbed off? As for the other searches, I paid the estate agent, and all I have gotten back is a request for the money so they can complete? Am I not supposed to have recieved a load of documentation and evidence confirming searches have been done? For all I know, Spain might be planning to build a motorway through it next month! 

Peter Rossa

Posted: Mon Jul 8, 2019 1:45pm

Peter Rossa

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Posted: Mon Jul 8, 2019 1:45pm

So I have just recieved a e-mail from a Solicitor, from the Advantagroup in La Marina with a quote of 900 euros, is this typical of the price one would usually expect to pay a solicitor for house purchase searches?

Janice51

Posted: Mon Jul 8, 2019 3:07pm

Janice51

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Posted: Mon Jul 8, 2019 3:07pm

Hi Peter,

I have been quoted by more than one person, including my lawyer, that I need to calculate 3% of purchase price for lawyer plus notary fees. I hope this is helpful.

Janice

Peter Rossa

Posted: Mon Jul 8, 2019 3:16pm

Peter Rossa

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Posted: Mon Jul 8, 2019 3:16pm

Thanks all, I have gone with the 900E quote, I guess I am not too happy that I already paid the estate agent to do all this and as I ended up getting my own NIE and setting up my own Bank Account and now this, I wonder what the estate agent has done apart from request money!

Janice51

Posted: Mon Jul 8, 2019 3:47pm

Janice51

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Posted: Mon Jul 8, 2019 3:47pm

That is unfortunate, Peter. This, added to the property transfer fee, which varies according to the province from 8 to 10 percent, all adds up to our expenses.

I think I would have a word with the agency, though.

The ‘sub-agent’ who took me to the property I am in the process (?) of buying stopped answering my e-mail queries immediately. I had to contact the 2 brothers who she worked for, at a different address before I received a vague answer.  They said “don’t hesitate to get back to me for any further queries you may have” but it doesn’t seem to work like that! 

I have questions to ask that the lawyer isn’t involved in but they really aren’t interested. The agents will eventually receive €6000 from the seller upon completion, so I assumed they would be trying to encourage me to buy, seeing as how other prospective buyers disappeared, but it seems I am wrong.

Janice

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Peter Rossa

Posted: Mon Jul 8, 2019 6:43pm

Peter Rossa

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Posted: Mon Jul 8, 2019 6:43pm

I have now been told by the estate agent that they have a "Certificate of Antiquity", (the extention is 25 years old), that they will scan and send me a copy, that upon completion the Notary would reject it if everything was not legal.

Have my fears been allayed?, I cannot afford to spend another 900 euros if I have nothing to be concerned about if this Certificate of Antiquity makes even previously unregistered building work now legal?

Cheryl

Posted: Mon Jul 8, 2019 7:43pm

Cheryl

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Posted: Mon Jul 8, 2019 7:43pm

Hello Peter, is there anything in this article that may help?

 http://www.theleader.info/2019/03/01/five-common-situations-in-spain-that-can-only-be-resolved-retrospectively/

Peter Rossa

Posted: Mon Jul 8, 2019 8:27pm

Peter Rossa

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Posted: Mon Jul 8, 2019 8:27pm

Hi Cheryl, yes I deed see that article which puts my mind at rest that a Cert of Antiquity proves work was carried out so long agao that it no longer matters if it wasnt legit at the time.

Peter Rossa

Posted: Mon Jul 8, 2019 8:29pm

Peter Rossa

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Posted: Mon Jul 8, 2019 8:29pm

Thanks Ray, the work was carried out 25 years ago, so looks like all is in order after all.

Gilly09

Posted: Wed Jul 10, 2019 4:06pm

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Posted: Wed Jul 10, 2019 4:06pm

Peter Rossa wrote on Sat Jul 6, 2019 7:59am:

This is exactly what I am afraid of and I do not feel the estate agent are doing what I paid them to do, but are more interested in making the sale.

I have now e-mailed the solicitors in La Marina and will see what they charge.

If the building work has not been authorised, I guess I will lose the 10% deposit I had to pay or could this be retrieved if the property is shown to be that it shouldnt have been on the market in the first place if i is not legal?

Can I just ask have you not got a Lawyer in place because they check on all the legalities such as this and if not legal you would not lose any deposit.

The Town Hall would have had to sign off and stamped the documents for this extension at the time.

I would suggest that all sales go through a reputable Lawyer as they safe guard you against all of these type of problems as even pools and built sheds need permission no different to the UK planning and building regulations.

Take care Gillian 

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