Are these paper´s ´legal ´
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Are these paper´s ´legal ´
I am looking at a cave in Zujar which only has ´old papers ´of a private ´Compraventa ´.
One legal view locally was to walk away from it as they are not ´safe ´!
Another was they are fine and entirely normal !!
Since then I have spoken to almost half the village and seems everyone is on these old sales contracts.....
so anyone want to chip in their opinions ??
Cheers, Andy
One legal view locally was to walk away from it as they are not ´safe ´!
Another was they are fine and entirely normal !!
Since then I have spoken to almost half the village and seems everyone is on these old sales contracts.....
so anyone want to chip in their opinions ??
Cheers, Andy
amm1007- Posts : 266
Join date : 2013-10-15
Age : 72
Location : Currently Malaga coast...now own cave in Zujar
Re: Are these paper´s ´legal ´
Andy. Be very careful as we bought an old very cheap ruin on a private contract and it cost us 1500 euros to put it right..The story is if you can find someone to part with there hard earnt cash should you wish to re-sell it then fine but these people are few and far between from the old days before the crisis when money was flying here there n everywhere. Most people with private contract will probably find difficulties in selling via legal estate agent so they would or may seek friend or friend of a friend to sell property on.
Basically in the past it was a scam to avoid paying no or little tax,also it was an easy way of transfering property to next of kin as it passed down through the family chain Be very careful as you could part with your money and someone else in the family stake a claim at a later stage with paperwork. You could lose everything and not a leg to stand on. Pedro
Basically in the past it was a scam to avoid paying no or little tax,also it was an easy way of transfering property to next of kin as it passed down through the family chain Be very careful as you could part with your money and someone else in the family stake a claim at a later stage with paperwork. You could lose everything and not a leg to stand on. Pedro
PEDRO JAMES- Posts : 810
Join date : 2011-11-13
Age : 90
Location : COASTAL WRECKERS CORNWALL NOW EL CASTILLO
Re: Are these paper´s ´legal ´
Hi Pedro..thanks for the answer !
Yes, it is a private contract and one Gestoria in Zujar who works with a Notario in Cullar...was the one who signalled danger !
But another across the road...and Nick at Rusticom estate agents...say these are not a problem as back to roughly 13 years ago, that´s all they used . But it was the issue of prior seller´s family having a claim perhaps, but the English lady owner has had it for 8 years, done it up in part - so not a ruin , but reform - 8k should do it - ready to live in !....and clearly she has never had a problem....So does that mean if she sells it to me ...a prior seller then has no claim !
I am taking legal advice on it....have another that has all the 3 legal things needed ,but that cost me 3000.....so this time, as the Spanish never use an Abogado , but only a Notario......wanted to save some money, lol..!
But I have set wheels in motion to get a Cadastra...through a Perito , but that could take a year !
I have also spoken to dozens of cave owners in Zujar, and NONE of them have anything other than these private papers....maybe after a certain number of years or getting a letter from current and past sellers to state they have no claim to make might be an idea ?
Gotta say I am a bit surprised that there seem to be 2 opinions...
1...beware.....2 , they are fine !
Yes, it is a private contract and one Gestoria in Zujar who works with a Notario in Cullar...was the one who signalled danger !
But another across the road...and Nick at Rusticom estate agents...say these are not a problem as back to roughly 13 years ago, that´s all they used . But it was the issue of prior seller´s family having a claim perhaps, but the English lady owner has had it for 8 years, done it up in part - so not a ruin , but reform - 8k should do it - ready to live in !....and clearly she has never had a problem....So does that mean if she sells it to me ...a prior seller then has no claim !
I am taking legal advice on it....have another that has all the 3 legal things needed ,but that cost me 3000.....so this time, as the Spanish never use an Abogado , but only a Notario......wanted to save some money, lol..!
But I have set wheels in motion to get a Cadastra...through a Perito , but that could take a year !
I have also spoken to dozens of cave owners in Zujar, and NONE of them have anything other than these private papers....maybe after a certain number of years or getting a letter from current and past sellers to state they have no claim to make might be an idea ?
Gotta say I am a bit surprised that there seem to be 2 opinions...
1...beware.....2 , they are fine !
amm1007- Posts : 266
Join date : 2013-10-15
Age : 72
Location : Currently Malaga coast...now own cave in Zujar
Re: Are these paper´s ´legal ´
I've just posted on your other post about this too!
miron- Posts : 1099
Join date : 2010-04-07
Age : 63
Location : Los Olivos
Re: Are these paper´s ´legal ´
I'm with 'beware' on this.
Tim Cullis- Posts : 280
Join date : 2013-07-11
Location : London and Castril Valley
Re: Are these paper´s ´legal ´
Tim Cullis wrote:I'm with 'beware' on this.
Hi Tim.....sorry, I seem to have missed any notification of your reply .
Well the update is this !
I have been now to 3 legal peeps....a Gestoria who dealt with the sale ( for the lady from whom I may buy ) ..
an Abogado , and a Notario ( English Speaker to my surprise , but came well recommended ) and all 3 say the same thing .....that although it is a private sale , it is 100% legal !
Possibly largely due to the contained ' declaration ' that said owner IS the owner, has the right to sell what is HIS property and agrees to do so for a ' price , on a date and both sign as legal confirmation of sale / purchase '
so there can be no back claims of ownership.....nor any debts, as being unregistered, no loans or mortgages could possibly be attached to it....hence albeit it is not normal for us Brits , it is for the Spanish and now I know that 95% of the caves in Zujar ( and many non caves too ) all have these same private contracts .
It is recommended though to get a Perito to draw up plans ( about 300 euros ) to allow a notario to register it with the Cadastral Offices.....however long that takes ( but no matter ) as once he has the report it can be registered with the local Ayuntamiento , on which basis, I have a legal address, pay property taxes etc ....instead of being off the radar !
Endesa too...are quite happy to fit ( about 300 euros ) a new contandor.
So whilst it seems ' unusual ' turns out no so....and it is totally legal ......good news at last
On which basis I am going to buy....and turn it into my own Hobbit Hole !
Cheers Andy
amm1007- Posts : 266
Join date : 2013-10-15
Age : 72
Location : Currently Malaga coast...now own cave in Zujar
Re: Are these paper´s ´legal ´
Great - good luck and congratulations!
miron- Posts : 1099
Join date : 2010-04-07
Age : 63
Location : Los Olivos
Re: Are these paper´s ´legal ´
miron wrote:Great - good luck and congratulations!
Cheers, Miron....not quite mine yet, as seller is in UK , so needs to fly out and wants me to pay her an envelope of cash sterling ...long as it's noted as paid on the contract, that's ok.....but just need time to sort that now ....Andy
amm1007- Posts : 266
Join date : 2013-10-15
Age : 72
Location : Currently Malaga coast...now own cave in Zujar
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