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Advice please - my offer accepted on a property on D35 but paperwork problem. - Page 3

sdb137

Posted: Fri Oct 23, 2020 10:02am

sdb137

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Posts: 1020

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Location: Camposol

Joined: 21 Jan 2018

Posted: Fri Oct 23, 2020 10:02am

Lynnb wrote on Fri Oct 23, 2020 5:23am:

Hi everyone. Just wanting to ask a question if a villa is for sale on D with title deeds but not habitation certificate is this a difficult thing to get?  We actually put a deposit down on one for sale with Mercers as they told us it had all paperwork now we learn that the owner has title de...

...eds but no habitation certificate. We live higher up the coast and was wanting to move to camposol and be part of the community. Our lawyer told us that you need the certificate to get bills in your name. He has been in touch with sellers solicitor to ask about the situation but don't know anything yet. He did say that as long as we have title deeds to the property that's the most important thing to have. Any constructive advice would be much appreciated. Thank you Lynn 

You seem to have caused yourself a problem from the word go, its not needed, simply give the solicitors a dead line for the answers.

Legal advice should be able to tell you if you can get a Habitation Certificate asap.

If it all sounds strange, with no answers, do not buy , something is wrong.

If you have placed a deposit, I think it is none refundable under Spanish law, check it out with your solicitor.

You do not need the worry, plenty of great places on this great community to buy into.

Check with Mercers who you purchased through, if they gave you the ok to answers, let them sort it, as you acted in good faith on their advice.

Its difficult, but watch you are not being had over.

It can happen any where not just here, problems arise with purchases all over Spain, same as UK.

Lynnb

Posted: Fri Oct 23, 2020 10:29am

Lynnb

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Posts: 118

55 helpful points

Location: Camposol

Joined: 13 Sep 2020

Posted: Fri Oct 23, 2020 10:29am

Hi thank you both for your replies. We have a meeting with our solicitor at 11.30am this morning. We tried to get our 3,000 euros deposit back we put with mercers and our solicitor wrote to the sellers solicitor quoting that as there wasn't a habitation certificate then it was grounds to get our money back. Is it true that you do not need habitation certificate though and its still OK to purchase a property without one? This is a question we are going to pose with our solicitor again later. Has anyone bought on camposol without habitation certificate? We put our villa up for sale in orihuela costa and had 2nd viewing yesterday and if they get back to us with the right offer etc then we make the choice which I know will be ours only if we go ahead and accept the offer and buy the property in camposol. Lynn 

Ali52

Posted: Fri Oct 23, 2020 11:05am

Ali52

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Posts: 201

136 helpful points

Location: Camposol

Joined: 2 Apr 2019

Posted: Fri Oct 23, 2020 11:05am

Lynnb wrote on Fri Oct 23, 2020 10:29am:

Hi thank you both for your replies. We have a meeting with our solicitor at 11.30am this morning. We tried to get our 3,000 euros deposit back we put with mercers and our solicitor wrote to the sellers solicitor quoting that as there wasn't a habitation certificate then it was grounds to get our ...

...money back. Is it true that you do not need habitation certificate though and its still OK to purchase a property without one? This is a question we are going to pose with our solicitor again later. Has anyone bought on camposol without habitation certificate? We put our villa up for sale in orihuela costa and had 2nd viewing yesterday and if they get back to us with the right offer etc then we make the choice which I know will be ours only if we go ahead and accept the offer and buy the property in camposol. Lynn 

Err re Des1000. Very very few properties on Camposol have habitation certificates. I think everyone has been told they will get them soonish. (?) As far as I am aware all deeds state how much % you will have to pay under the community of owners. Although it is only supposed to happen once the whole site has been completed. 

Dont  forget in Spain estate agents are not legally responsible for what they say or sell. Always use an independent solicitor. Please contact Silvana Buxton our councillor, who will be able to tell you exactly where Camposol is in legal terms. And/ or the Camposol Residents Association . Good Luck.

sdb137

Posted: Fri Oct 23, 2020 6:04pm

sdb137

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Posts: 1020

626 helpful points

Location: Camposol

Joined: 21 Jan 2018

Posted: Fri Oct 23, 2020 6:04pm

This post that was quoted has been deleted.

Hi,

At a very big meeting months ago, attended by many many residents, and in attendance the Mayor, and Councilor, paper work was produced to show that Massa was thrown of the Camposol site, and the Council took over all.

It stated that the Council was responsible for Camposol, and it was a legal document.

This was I think a bit of a shock to the Mayor, who asked for the document, it was refused to allow him to take it away, obvious reasons, but was not and has not as far as I know been contested.

There may be roads classed as private, but the residents cannot be made to comply with this, until everything is done to the finished standard, as simply it cannot be handed over, or taken over, until all completed, this was also stated.

There is a lot in legal wrangles, as I think the previous Mayor was prosecuted for fraud, surprise. surprise.

However a budget pre this virus was put forward for Camposol of Euros 500-000, but not sure if it is still avalable.

It was for the start of fixing all the street lighting, but I think nothing has happened yet.

To all this, Camposol is a fantastic place, great community who support each other, lots of facilities, and fantastic Villa,s.

Sadly, in the last council elections, not many residents turned out to vote in councilors for Camposol, even though coaches were layed on to take residents there and back, Silvanna cannot do it all herself, she needs many more councilors fighting for Camposol working with her.

So next time we all need to get out and vote, it will bring rewards.

Strenght is in numbers, its down to us, no good moaning if we all do not support our aims.   

Mrsubby

Posted: Fri Oct 23, 2020 6:34pm

Mrsubby

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Posts: 216

158 helpful points

Location: Los Alcázares

Joined: 3 Jan 2020

Posted: Fri Oct 23, 2020 6:34pm

sdb137 wrote on Fri Oct 23, 2020 6:04pm:

Hi,

At a very big meeting months ago, attended by many many residents, and in attendance the Mayor, and Councilor, paper work was produced to show that Massa was thrown of the Camposol site, and the Council took over all.

It stated that the Council was responsible for Camposol, and it was a legal document.

This was I think a bit of a shock to the Mayor, who asked for the document, it was refused to allow him to take it away, obvious reasons, but was not and has not as far as I know been contested.

There may be roads classed as private, but the residents cannot be made to comply with this, until everything is done to the finished standard, as simply it cannot be handed over, or taken over, until all completed, this was also stated.

There is a lot in legal wrangles, as I think the previous Mayor was prosecuted for fraud, surprise. surprise.

However a budget pre this virus was put forward for Camposol of Euros 500-000, but not sure if it is still avalable.

It was for the start of fixing all the street lighting, but I think nothing has happened yet.

To all this, Camposol is a fantastic place, great community who support each other, lots of facilities, and fantastic Villa,s.

Sadly, in the last council elections, not many residents turned out to vote in councilors for Camposol, even though coaches were layed on to take residents there and back, Silvanna cannot do it all herself, she needs many more councilors fighting for Camposol working with her.

So next time we all need to get out and vote, it will bring rewards.

Strenght is in numbers, its down to us, no good moaning if we all do not support our aims.   

In other words don’t buy, don’t continue to waste your time.

I wouldn’t want the thought of having to get on a coach to fight for something I’ve bought.

I think that has surely answered your question 

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sdb137

Posted: Fri Oct 23, 2020 8:08pm

sdb137

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Posts: 1020

626 helpful points

Location: Camposol

Joined: 21 Jan 2018

Posted: Fri Oct 23, 2020 8:08pm

Mrsubby wrote on Fri Oct 23, 2020 6:34pm:

In other words don’t buy, don’t continue to waste your time.

I wouldn’t want the thought of having to get on a coach to fight for something I’ve bought.

I think that has surely answered your question 

With the present crisis it will affect every area of the local communities, now, and future, being on Camposol will be no different to where you are.

If things go wrong, you will also need help and support, and only the community coming together will sort it.

No one is safe, and no one knows the future, so the greatest support a community has, is in numbers, coach or not.

Mrsubby

Posted: Fri Oct 23, 2020 8:22pm

Mrsubby

Helpful member

Posts: 216

158 helpful points

Location: Los Alcázares

Joined: 3 Jan 2020

Posted: Fri Oct 23, 2020 8:22pm

sdb137 wrote on Fri Oct 23, 2020 8:08pm:

With the present crisis it will affect every area of the local communities, now, and future, being on Camposol will be no different to where you are.

If things go wrong, you will also need help and support, and only the community coming together will sort it.

No one is safe, and no one knows the future, so the greatest support a community has, is in numbers, coach or not.

I Totally agree we should all help each other if and when we can.

I am a great believer in that but the question in this topic is about advice on purchasing a property after an offer has been accepted without call the paperwork in place.

Would you buy a car without a log book and a knocking engine?

In other words issues.
I know nothing is perfect in life, but surely if you smell a rat go with your instincts, otherwise the topic wouldn’t have been raised.

Due diligence 

I wish everyone well especially under the current ci

PeterC

Posted: Fri Oct 23, 2020 8:53pm

PeterC

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Posts: 2233

1446 helpful points

Location: Los Alcázares

Joined: 10 Nov 2016

Posted: Fri Oct 23, 2020 8:53pm

If you live by the theory that you only spend what you can easily afford to lose on a Spanish property you can’t go far wrong. Camposol comes across as being a cheap place to buy, so multiply what you would spend on rent by the number of years you hope to use it, and if Camposol comes out cheaper then go for it.

sdb137

Posted: Fri Oct 23, 2020 9:56pm

sdb137

Very helpful member

Posts: 1020

626 helpful points

Location: Camposol

Joined: 21 Jan 2018

Posted: Fri Oct 23, 2020 9:56pm

PeterC wrote on Fri Oct 23, 2020 8:53pm:

If you live by the theory that you only spend what you can easily afford to lose on a Spanish property you can’t go far wrong. Camposol comes across as being a cheap place to buy, so multiply what you would spend on rent by the number of years you hope to use it, and if Camposol comes out cheap...

...er then go for it.

Strange theory, but hey ho, come on down.

Lynnb

Posted: Sat Oct 24, 2020 11:41am

Lynnb

Helpful member

Posts: 118

55 helpful points

Location: Camposol

Joined: 13 Sep 2020

Posted: Sat Oct 24, 2020 11:41am

sdb137 wrote on Fri Oct 23, 2020 6:04pm:

Hi,

At a very big meeting months ago, attended by many many residents, and in attendance the Mayor, and Councilor, paper work was produced to show that Massa was thrown of the Camposol site, and the Council took over all.

It stated that the Council was responsible for Camposol, and it was a legal document.

This was I think a bit of a shock to the Mayor, who asked for the document, it was refused to allow him to take it away, obvious reasons, but was not and has not as far as I know been contested.

There may be roads classed as private, but the residents cannot be made to comply with this, until everything is done to the finished standard, as simply it cannot be handed over, or taken over, until all completed, this was also stated.

There is a lot in legal wrangles, as I think the previous Mayor was prosecuted for fraud, surprise. surprise.

However a budget pre this virus was put forward for Camposol of Euros 500-000, but not sure if it is still avalable.

It was for the start of fixing all the street lighting, but I think nothing has happened yet.

To all this, Camposol is a fantastic place, great community who support each other, lots of facilities, and fantastic Villa,s.

Sadly, in the last council elections, not many residents turned out to vote in councilors for Camposol, even though coaches were layed on to take residents there and back, Silvanna cannot do it all herself, she needs many more councilors fighting for Camposol working with her.

So next time we all need to get out and vote, it will bring rewards.

Strenght is in numbers, its down to us, no good moaning if we all do not support our aims.   

Hi thank you for your very informative reply. It has been most helpful. We would definately vote as part of a cummunity to help. We wanted to move down there to be part of a community and to make new friends. My husband does gardening work and said he would be very interested in helping out any way he can. Lynn 

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