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PAul1670 wrote on Mon Apr 26, 2021 9:33am:
Ok that's fine, is it a permanent move and if so have you looked at all the requirements needed post Brexit.
All the best
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Paul
Paul - No a holiday home not a permanent move... we are both still working in London
Kimmy11 wrote on Mon Apr 26, 2021 9:08am:
Hi Nigella,
I don't know any lawyers specifically in Los Altos, but I've seen many recommendations on this forum for Sun Lawyers, who have offices in La Zenia, about 10 minutes away:
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I suspect that the estate agent is trying to get you to pay a "reservation deposit" of anything between €3,000 and €6,000? You should never pay money to an agent - pay it to your independent lawyer. In fact, the only deposit that you are legally obliged to pay is 10% of the purchase price, once your lawyer has confirmed that the sales contract details are correct. This deposit is binding.
The agent may try to tell you that you'll lose the property if you don't pay the "reservation deposit" - don't be pressed into doing so. Tell them that, as an act of good faith, you will consider paying a small deposit to your lawyer, until such time that your lawyer confirms that it is OK to proceed to binding contracts. Ask the agent to convey this to the vendor.
I'm afraid that some agents will try all sorts of tactics to get you to give them money - but if the sale doesn't proceed, you may have great difficulty getting your deposit back.
(By the way, Spain isn't on the UK's Red List.)
Good luck!
Kind regards,
Kim
Thanks Kim for all the information.
Will contact Sun Lawyers and put a small deposit to secure it.
there is the Power of Attorney - just a question is this safe.?
Also since my husband and me still working in London and when we get back we have to Quarantine in a Government Hotel as they say and pay for it too, so do not want to take any chances of doing this as yet...
Any suggestions please
Rwgards
Posted: Mon Apr 26, 2021 9:49am
Super helpful member
Only pay your deposit to an independent solicitor, and only in conjunction with signing a contract that has the clauses that you want, e.g.
- the right to a survey (if you want one) and control of the deposit by your solicitor until the survey is done
- obligations on the part of the seller to update deeds (if necessary) following modifications to the property.
Kelvin1960 wrote on Mon Apr 26, 2021 9:49am:
Only pay your deposit to an independent solicitor, and only in conjunction with signing a contract that has the clauses that you want, e.g.
- the right to a survey (if you want one) and control of the deposit by your solicitor until the survey is done
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- obligations on the part of the seller to update deeds (if necessary) following modifications to the property.
Many thanks Kelvin. I will start with this first
Posted: Mon Apr 26, 2021 10:31am
Super helpful member
Also since my husband and me still working in London and when we get back we have to Quarantine in a Government Hotel as they say and pay for it too, so do not want to take any chances of doing this as yet... -
this is not the case, you will need to self isolate for 10 days at home or other nominated address - hotel requirements are for countries on the red list - which Spain is NOT on
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Stevec61 wrote on Mon Apr 26, 2021 10:31am:
Also since my husband and me still working in London and when we get back we have to Quarantine in a Government Hotel as they say and pay for it too, so do not want to take any chances of doing this as yet... -
this is not the case, you will need to self isolate for 10 days at home or other nominated address - hotel requirements are for countries on the red list - which Spain is NOT on...
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...
Hi Steve,
Thanks for this, but unfortunately my work said that I would have to take the 10 days out of my annual leave, as per Company Policy, so do not want to loose 10 days annual leave.
Hope after the 17/5 the quarantine days will come down.
Regards
Posted: Mon Apr 26, 2021 1:17pm
Legendary helpful member
Nigella8 wrote on Mon Apr 26, 2021 9:36am:
Thank you so much.
I will e-Mail Sun Lawyers.
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Is it ok if I give a deposit to secure this property with the lawyers
I think coming back from Spain we have to Quarantine
Is Power of Attorney ok to go ahead with the Solicitors?
Many thanks
Hi Nigella,
Yes, Power of Attorney is often used in Spain for overseas buyers - you can make it specific to the house purchase and time limited, or you can make a note to revoke the PoA after completion. Make sure that your lawyers' service includes switching the utilities from the vendors' name/s to your own.
Once you've appointed a lawyer, you can advise the selling agent of their details and they will connect them with the vendor's lawyer. The so-called "reservation deposit" has no basis in Spanish conveyancing law - it seems to be an overhang from the boom days pre-2008, when the property market on the Spanish costas was over-heated and properties couldn't be built quickly enough for the amount of buyers. If the selling agents press you for this deposit payment, you could pay it to your lawyer - your lawyer's confirmation should be sufficient to give the vendor comfort that you are serious about the purchase, although you are not legally bound until you sign contracts and pay the 10% deposit - after that point, if you withdraw from the purchase, you would lose your deposit.
Exciting times - good luck!
Kind regards,
Kim
Posted: Mon Apr 26, 2021 1:40pm
Super helpful member
Hi Nigella, what I was trying to say was that for any quarantine after coming in from Spain, you don’t go to a hotel, though there is a 10 day quarantine which you need to take at home or elsewhere. This will be the 10 day period that your employer is referring to - hopefully after the next review this may be reduced - who knows ??
Kimmy11 wrote on Mon Apr 26, 2021 1:17pm:
Hi Nigella,
Yes, Power of Attorney is often used in Spain for overseas buyers - you can make it specific to the house purchase and time limited, or you can make a note to revoke the PoA after completion. Make sure that your lawyers' service includes switching the utilities from the vendors' name/s to y...
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...our own.
Once you've appointed a lawyer, you can advise the selling agent of their details and they will connect them with the vendor's lawyer. The so-called "reservation deposit" has no basis in Spanish conveyancing law - it seems to be an overhang from the boom days pre-2008, when the property market on the Spanish costas was over-heated and properties couldn't be built quickly enough for the amount of buyers. If the selling agents press you for this deposit payment, you could pay it to your lawyer - your lawyer's confirmation should be sufficient to give the vendor comfort that you are serious about the purchase, although you are not legally bound until you sign contracts and pay the 10% deposit - after that point, if you withdraw from the purchase, you would lose your deposit.
Exciting times - good luck!
Kind regards,
Kim
Thanks Kim
Stevec61 wrote on Mon Apr 26, 2021 1:40pm:
Hi Nigella, what I was trying to say was that for any quarantine after coming in from Spain, you don’t go to a hotel, though there is a 10 day quarantine which you need to take at home or elsewhere. This will be the 10 day period that your employer is referring to - hopefully after the next rev...
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...iew this may be reduced - who knows ??
Yes Steve let’s see after 17/5
Cheers
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