Why not sell?

I trust you are well. Who told you you cannot sell the property, as there is no Cedula? If you complete and a purchaser is found, the solicitors retain an agreed amount, until the cedula is issued, which is not if, but when. This is the way the Spanish purchase all the time.
Regards, Steve

Posted by: Lumi Mitescu on Sunday 8th October 2006

Tags


Comments

Geoff said:

<p>But how much to retain? If it was just the admin delay then I could understand taking a view but my understanding is that the Town hall will not be issuing a Certificate unless the problem is sorted out &#8211; which is I understand is because the property has not been built in accordance with the plans. Our solicitors are still advising not to complete.</p> <p>Geoff</p>

Posted on Sunday 8th October at 13:55:00

Steve Nott said:

<p>A retention of say 10-15%, agreed by both purchasers and vendors. This is normal in Spain. It is an admin delay. The town hall will not enforce a building structural change. They will impose a fine to the developer, if he is wrong. The developer believes he is right. Hence the deadlock. Regards, Steve</p>

Posted on Monday 9th October at 13:55:00

Colin Douch said:

<p>If it is common for a buyer to retain a percentage, why has Mt Sendra refused to do this himself?</p>

Posted on Monday 9th October at 13:55:00

Colin Douch said:

<p>A retention of 10%-15% is said to be normal pending obtaining the C of H, yet it has been reported that Mr Sendra has refused this arrangement himself.</p>

Posted on Friday 13th October at 13:56:00

Steve Nott said:

<p>Yes, you are right, Colin. Normally the builders/developers do not allow you to retain any monies. However the re-sellers and purchasers can make these private arrangements.</p>

Posted on Friday 13th October at 13:56:00

Colin Douch said:

<p>Steve, I&#8217;ve checked with my solicitor, and his fee is fixed at the original rate. He points out that he does not get his fee until completion so it&#8217;s not in his interest to seek to delay things. His main concern is that without the C of H, the suppliers companies could cut off their services. He is Spanish, and a lawyer who knows the system well. We feel we must follow his advice.</p> <p>Regards</p> <p>Colin</p>

Posted on Wednesday 25th October at 13:57:00

Steve Nott said:

<p>Hi Colin, I understand your situation regarding taking your solicitors advice. However, it would not be in the developers interest to have the services cut off. The pool would soon turn a spinach shade of green and the tenants living there would have no water or electric. Again, it is my belief that this is scare mongering. Ask your solicitor if he knows of a complex, building or any other project, that has had services terminated?</p> <p>Regards, Steve in Javea. Sunny, 25c</p>

Posted on Wednesday 25th October at 13:57:00

Colin Douch said:

<p>Steve, not exactly the same situation as ours but the following news item in a June edition of the Costa Blanca News does give an example of builders services being cancelled: -</p> <p><span class="caps">BRITS</span> <span class="caps">FALL</span> <span class="caps">FOUL</span> OF <span class="caps">BUILDING</span> <span class="caps">REGS</span> No water or electricity and the council won&#8217;t help By Tom Cain Living the good life in Spain has become a nightmare for around 30 families, mainly British, who purchased properties on the Pinar de Reurbanisation on the outskirts of Tibi. After two years of paying exorbitant charges for water and electricity supplied by the constructor and after two years of waiting for habitation certificates from the council, they have been left high and dry by the constructor who has pulled out, taking with him the generator that supplied the electricity and also removing the water supply. Since then they have been reduced to collecting water from a stream so that they can flush toilets and for those that can afford it to invest in their own generators. Despite their desperation, Tibi council has told them there is nothing it can do because the constructor still has one year left before he is obliged to hand over the urbanisation and that there is no possibility of a fresh water supply because the infrastructure has not been put in place. On top of that, the council says that without habitation certificates they cannot register on the padrnd children can&#8217;t be registered in the local schools. The residents claim that despite the problems the constructor is still trying to sell unsold properties on the urbanisation at reduced prices.</p> <p>Regards, Colin Derbyshire, Rainy 14.5c</p>

Posted on Wednesday 25th October at 13:58:00

Add a comment

(Will not be published)

Please note: To prevent spam, all comments are moderated before being shown on the website.