Property Registration

We had this as well and it was the vendor's responsibility to pay for the surveyor (?) to visit the property and measure up the additional parts and have the Cadastre updated, the back 4 years extra IBI paid, the swimming pool listed as such and not a balsa and a no infraction certificate. I don't believe in our case that a fine was paid as the additions had been there for many years. Are you using the abogado recommended by the estate agent by any chance?

Cheryl, yes and no - I had already been recommended to use this particular lawyer before the agent mentioned the same name to me.

The lawyer’s office tell me that if they put the barn in the deeds as an apartment, then I have no worries but I’m still not sure it works like that.

Thank you for your info which will help me with the lawyer when I write tomorrow. 

Thank you Kim for your invaluable information which I will use in my e-mail to the lawyer first thing tomorrow morning. You have been so helpful.

Janice

Thank you, Ray. 

Your advice is extremely helpful and I am using the information to write to the lawyer as soon as I receive their property report (which they keep telling me is on the way, and have been for two weeks). If I don’t receive it today I will be sending them a list of what I expect to be done, or what I need to see, before the sale can go ahead.

Thank you so much,

Janice

Referring to my situation as described above, I think I may need a new, independent lawyer to be able to get out of my preliminary contract and get my deposit returned. 

I can only assume that all involved are trying to pull the wool over my eyes so, even though everyone knows everyone in the area, I guess another English speaking lawyer is on the cards. Has anyone got any suggestions?

Janice

Kim, that might just be the one I am using!

I saw her in Pinoso, where I was staying at the time, the vendor came along to bring the deeds, which she forgot at home, but had a copy on her phone. That is where I first heard the lawyer (a ‘she’ not ‘he’ as I originally posted) say the word ‘almacen’ and when she offered to help the vendor sort out any legal problems! Her initials are A.R.M., and the person I communicate with is A.M.A. Does this sound right?

They have been e-mailing me to say they are sending a report ‘today’ for the last six weeks. I just wish they’d give me the update on the situation that I have been asking for. She had the deeds to go on but had no idea, obviously, that the almacen was now living accommodation and quite frankly, you would not know this from their previous deeds. I gave her this information but judging by the unfinished work, no final approval has been given by the local council, and probably no permission in the first place.

I am back in the U.K. at the moment.

Thank you again,

Janice

You definitely need a better lawyer. When we were buying I spotted that the pool wasn't on the escritura. Our lawyer sent the vendor on his way rejoicing to get the pool legalised, and only then did she proceed with our purchase.

That would be great Kim! I look forward to receiving your and the lawyer’s details !!

Thank you x

Thank you, Jim. 

That is really what I was expecting from my lawyer’s e-mail answers to my queries but it doesn’t appear to be happening. Yet again the promised report hasn’t been forthcoming so I am left high and dry with no updates and with a cut-off date of 30th June title deed signing at the Notary’s as in the Purchase Contract, I do not want to be considered in breach of contract if I am not organising the transfer of funds or signing and therefore losing my deposit in the meantime! 

I think an e-mail is due where I set out my position and what I expect and whether they can at least tell me the situation so far. I think I will mention that I am willing to give them more time to legalise anything that isn’t legal if that is what they need but I want it in writing. I shall send a copy to the estate agents, too, so that they are aware that we probably won’t make the end-June date. 

Thank you Jim for your precious comments which I have definitely taken on board.

Janice