Please comment on our listing (Spanish Property)

seven-day-weekend

Valuation fine.

Paperwork found not to be in order.

At the worst we could be asked to return our roof terrace to the original launa roof (as there is no permission for it - it was like this when w bought it, all we have done is painted it).

At the best the paperwork can be put right for a large fee.

Our gestor says that they may well accept it as they know many village houses have add-ons that were done years ago and never updated. Let's hope theat is how they will see it in this case.

Watch this space!!

gfplux

Good luck, my fingers are crossed foy you.

seven-day-weekend

Paperwork has to be put right for a large fee. We have to have architect's drawings and pay for a surveyor from the local authority, as well as lawyer's bills, it could well be 6000 euros. It could also take anything from a couple of months to a year to put right!

Not only is the top floor and roof terrace not mentioned on the deeds, the footprint size is wrong too.

I hasten to add we have not extended the house in any way, it was like this when we bought it and were assured by our lawyer (who was also a local mayor at the time) that the papers were in order. Basically we have been shafted.

Luckily the buyer is happy to wait while it is sorted out.

Will update as and when.

tanith

Sorry to hear that 7DW I can think of some nice words for the former Mayor!! I suppose its an impossible task to 'sue' the !!!! outta him? What a shame you now have to pay out lots of Euros and wait, at least your buyers sound patient.. lets hope they don't find something else in the mean time..

seven-day-weekend

Thanks Tanith, I think the buyer will wait, he wants our house but obviously he wants the papers legal!

No chance of suing the former mayor. There is so much corruption. It will cost us a fortune and we will lose. I know someone who has tried.

Basically we were shafted by the Estate Agent, the lawyer and the Spanish man who sold it to us (although I do find the latter easier to forgive as to him the corrupt system was probably 'just how you sell a house , that's how it has always been done').

I'm glad to say the Spanish authorities are tightening up on things now, which is part of the reason why we have to get things put right. However I would not want to sell the house to anyone knowing things were not in order, so in that way it is for the best.

Have to write it off to experience.

seven-day-weekend

Lawyer has found out that, although the deeds do not match up with the house, the papers at the local Council Offices appear to accurately reflect the size/footprint.:)

He is now getting new drawings done for the deeds and the extra work which is not yet registered at the Land Registry. It will cost us about 5-6k euros to have this done.

Our buyer still has not been formally offered his mortgage, we will not consider the house sold until he has.

seven-day-weekend

Update: Our house sale is still creeping along.. Our papers were incorrect, we are now having them put right. The plans have been re-drawn to reflect what is actually there and we have paid 540 euros for this. There may be other paperwork that needs doing to comply with regs. Our lawyer is attending to this for us. We will end up with correct papers eventually.

Meanwhile our buyer has still not been formally offered his mortgage because the papers are not yet up to date and with incorrect papers the house has only been valued at 70k euros. He needs to borrow 70k euros and they will not give him 100% mortgage. However, the valuer says with correct papers the house is valued at 134k euros, so once they are corrected there offcially should be no drawbacks to him having the money. We have agreed a price with the buyer of 103k euros.

However our solicitor says that in these dire financial times, it is nowhere near certain that they will lend him the money even with the correct papers. But at least once the papers are correct he can go elsewhere for a mortgage and have the papers correct at the start.

The flat we want to buy (with our son) in Wolverhampton is still available at £65k and the owner says she will inform us if anyone else makes an offer.
http://www.rightmove.co.uk/property-...-23793520.html

There has been a rethink on this, initially we were going to have the flat, but we had a family discussion and now we are going to provide the deposit from the house sale and our son will pay the rest on a mortgage and he and his girlfriend will live in it. We will have all three names on the deeds. We will then evict the lodger ( we will give him plenty of notice) and have our house back.

Our son and his girlfriend have already started getting furniture,:) so I do hope we can do the deal and it doesn't all fall through.:(. They do accept that it might not happen, but can't help being excited at the thought of their new home.

This is the situation so far!

seven-day-weekend

FURTHER UPDATE: Spanish house sale still going through. We are now back in Spain and have met our solicitor today. The main problem is that no-one has ever bothered updating the deeds, when there hads been an alteration to the house (like a whole new storey!) for years and years . People have underdeclared the size of the house to avoid taxes and paid in black money. Therefore the papers bear no resemblance to what is actually there! Because our buyer needs a mortgage, the bank are insisting on correct papers.

Anyway, everything is creeping along slowly, the buyer is still keen and the solicitor is hoping for completion of the sale, with brand new papers, in January.

Meanwhile, in England, our son's solicitor has advised him not to buy the flat due to huge problems with the management company. Our son is meeting with him to have this explained more fully, but it looks like he will pull out of the sale.

Watch this space for further updates!

seven-day-weekend

We have had our papers signed at the Notary today:) Now we have to wait a month to make sure no-one objects to them. Then they will be done!! At a cost of 7500 euros.:eek:

The purchase of the flat in England is also proceeding , the problems were not as large as the Solicitor first thought.

seven-day-weekend

FURTHER UPDATE:

The notary forgot to publish some publicity in a local journal and caused a six week delay:mad:

The new papers are in the process of being registered with the Land Registry which takes another towo weeks.

Then the solicitor can proceed with the actual sale (if the buyer can still have his mortgage).

Buyer has paid deposit.

Completion date now estimated as March (ten months aftert he buyers first viewed the property).

In England, the problems with son's flat purchase have been sorted out and he moved in on 10th April.

Will hopefully have news of another completion next time I update! (Pink oinking thing flying past window).