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Sector D floor on deeds

Posted: Mon Nov 6, 2023 12:02pm
20 replies11 members subscribed
Dee 81

Posts: 4

1 helpful points

Location: Camposol

Joined: 14 Jun 2023

Hi all


we viewed  a property on D

Secured it with a deposit 

Looking to sign next 2 weeks and solicitors have sent  details of our house in the flood area 

This is something the Estes agent had told us was unaffected and not near our house


this map from solicitors shows our house in middle of flood area?

Nor sure how to proceed?


this is cash sale from house sale in UK and savings so don’t want to get caught 

Any help or advice appreciated 

hilaryskitchen

Posted: Mon Nov 6, 2023 2:37pm

hilaryskitchen

Helpful member

Posts: 405

328 helpful points

Location: Camposol

Joined: 30 Oct 2017

Posted: Mon Nov 6, 2023 2:37pm

Dee 81 wrote on Mon Nov 6, 2023 12:02pm:

Hi all


we viewed  a property on D

Secured it with a deposit 

Looking to sign next 2 weeks and solicitors have sent  details of our house in the flood area 

This is something the Estes agent had told us was unaffected and not near our house


this map from solicitors shows our house in middle of flood area?

Nor sure how to proceed?


this is cash sale from house sale in UK and savings so don’t want to get caught 

Any help or advice appreciated 

Hi

     Did you pay your deposit before your had a solicitor ? It looks like you were given false information by the Estate Agent and I would have thought your solicitor can claim for a refund on your deposit if the area is at risk of flooding.

Phil.

Jimmy D73

Posted: Mon Nov 6, 2023 6:57pm

Posts: 3

1 helpful points

Location: Camposol

Joined: 5 Nov 2023

Posted: Mon Nov 6, 2023 6:57pm

Hi from what I see here section D is also on flood plane? I thought this was sector C  also is there an issue with proving ownership in this area?

That’s a bit conc

Dee 81

Posted: Mon Nov 6, 2023 8:11pm

Dee 81

Original Poster

Posts: 4

1 helpful points

Location: Camposol

Joined: 14 Jun 2023

Posted: Mon Nov 6, 2023 8:11pm

hilaryskitchen wrote on Mon Nov 6, 2023 2:37pm:

Hi

     Did you pay your deposit before your had a solicitor ? It looks like you were given false information by the Estate Agent and I would have thought your solicitor can claim for a refund on your deposit if the area is at risk of flooding.

Phil.

Thank you Phil


yes

Viewed and sent deposit before solicitor

It’s in their hands now

Wife and myself are 50/50 now as we still like the house etc

Thanks for your comments 

LeginSenoj

Posted: Mon Nov 6, 2023 9:57pm

LeginSenoj

Very helpful member

Posts: 594

728 helpful points

Location: Camposol

Joined: 29 May 2018

Posted: Mon Nov 6, 2023 9:57pm

In addition to your property being in the “flood area”, depending which sector you are buying on, you may also be one of the houses illegally built on the Rambla de Los Aznares and if you are buying on sectors D23 and or D24, you property may also be designated as touristico. Although none of these thing will likely prevent you buying, you should be aware of all the issues that may affect you. In addition to these questions, you may also wish to ask your lawyer to confirm if the street your property is in, is designated as a public or private street. If the latter, the council cannot undertake any repair work, such as topcoating the street or replacing/repairing lighting. You may also wish to ask your lawyer if the property has a fin d’obra, certificate of habitation or licence of first occupation. They will know what all these things are but if you don’t ask them specifically, they may not give you the information. The absence of these will not prevent your purchase but it’s best to know where you stand before you buy.

Good luck

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Sunnyspain

Posted: Tue Nov 7, 2023 6:29am

Sunnyspain

Super helpful member

Posts: 1447

1014 helpful points

Location: Camposol

Joined: 30 Mar 2018

Posted: Tue Nov 7, 2023 6:29am

I would be walking away and instructing the solicitor to get your deposit back. 

eduardo3332

Posted: Tue Nov 7, 2023 10:27am

eduardo3332

Super helpful member

Posts: 1601

1198 helpful points

Joined: 21 Jan 2016

Posted: Tue Nov 7, 2023 10:27am

Dee 81 wrote on Mon Nov 6, 2023 12:02pm:

Hi all


we viewed  a property on D

Secured it with a deposit 

Looking to sign next 2 weeks and solicitors have sent  details of our house in the flood area 

This is something the Estes agent had told us was unaffected and not near our house


this map from solicitors shows our house in middle of flood area?

Nor sure how to proceed?


this is cash sale from house sale in UK and savings so don’t want to get caught 

Any help or advice appreciated 

Perhaps it will also help people if you name the estate agents that took your deposit. To maybe stop them falling into the same situation

RichT

Posted: Tue Nov 7, 2023 3:17pm

RichT

Super helpful member

Posts: 1150

1276 helpful points

Location: Lorca

Joined: 13 Sep 2019

Posted: Tue Nov 7, 2023 3:17pm

If you paid the deposit based on incorrect (and, apparently, blatantly false!) information provided by the estate agent then you should be entitled to cancel the purchase and have your deposit returned. There is normally a condition of sale that roughly states that the property is as described, etc. If this isn't the case, then your solicitor should have a good case to claim the deposit value from the estate agent. It would be very helpful if you had the estate agent's information in writing though - otherwise it may just be 'your word against their's' which would be harder to prove.

Obviously, with the benefit of hindsight, you should never commit to anything like this without dealing through an independent solicitor.

Generally speaking, there are many many properties for sale and if something isn't right with a property then just walk away, as you are very likely to find a similar property without these issues. You don't mention the asking price, but, unfortunately, if it's a bargain there is normally a (negative) reason for it being a bargain!

Rayowen

Posted: Tue Nov 7, 2023 3:31pm

Posts: 80

25 helpful points

Location: Camposol

Joined: 23 Jun 2018

Posted: Tue Nov 7, 2023 3:31pm

LeginSenoj wrote on Mon Nov 6, 2023 9:57pm:

In addition to your property being in the “flood area”, depending which sector you are buying on, you may also be one of the houses illegally built on the Rambla de Los Aznares and if you are buying on sectors D23 and or D24, you property may also be designated as touristico. Although none of...

... these thing will likely prevent you buying, you should be aware of all the issues that may affect you. In addition to these questions, you may also wish to ask your lawyer to confirm if the street your property is in, is designated as a public or private street. If the latter, the council cannot undertake any repair work, such as topcoating the street or replacing/repairing lighting. You may also wish to ask your lawyer if the property has a fin d’obra, certificate of habitation or licence of first occupation. They will know what all these things are but if you don’t ask them specifically, they may not give you the information. The absence of these will not prevent your purchase but it’s best to know where you stand before you buy.

Good luck

Everything LeginSenoj is true.

I would add that as there is no planning permission being agreed for sector D, people build what they want with seemingly no consequences, so be careful.

Sean95

Posted: Wed Nov 8, 2023 9:54am

Sean95

Helpful member

Posts: 177

140 helpful points

Location: Mazarron

Joined: 7 Aug 2016

Posted: Wed Nov 8, 2023 9:54am

Buying a property in Spain, as a once in a lifetime ptoject should be an enjoyable experience. All I've heard about buying on Camposol is negative experiences, planning issues, flood plains, remoteness, lack of facilities - on some sectors, etc, etc. It would not encourage anyone to go anywhere near  the place, and to clarify, this is mostly from existing residents. 

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