View Full Version : No Escritura for my legal House

02-23-2011, 08:34 PM
In Dec 2003 we purchased a house using a Spanish Solicitor -- we paid 10% deposit by private contract ---it then appeared the house was not "legal" and we wished to not proceed - however the Solicitor said that the house was going to be made legal and in April 2004 -- it was legalised -- the solicitor then said - whilst the "paperwork" was being finalised .. ie the Escritura prepared -- for a further 50% payment by private contract - we could move into the house -- which we did ---some 2 years later - still no Escritura -- the sellers asked for the balance - which we again paid by private contract ---all thru our Solicitor ---

For the next few years the seller then came up with excuses for not finalising an Escritura ---1 year arguing over their need for a key to my garden gate into my property ---2 years arguing over splitting the small water deposit into two ( it is shared ) - then paying for a water expert to inspect both properties -- then we have an agreement -- they then they do not sign it --and on and on --then the old man dies ( his name is on the private contract ) but we paid his daughter as it was her part --then we are told we are wait until Jan 2011 -- ( for the time period for their IHT ) Now we are told we HAVE to pay their costs for Inheritance Deed -- and my legal bill has gone from 6000 euros quote to 11000 euros quote today -- my solicitor has said today -- we cannot sue for breach of 3 private contracts --too costly and too long -- we have to pay all their costs -- ... Yet we read all the advice about do not buy in Spain without a solicitor --- We might as well just bought the house in the Bar for cash -- for all the protection we have both from the Solicitor and the Spanish Courts ---

I should also add we now want to sell as my husband has had advanced prostate cancer for the last 3 years- and we now know it is in operable - incurable - Chemo and Hormone resistant -- and we wish to return to UK

What do you think my chances of ever getting an Escritura to facilitate a sale --- will they ever sign --

Many thanks -- I have spent an hours reading this thread -- what a great forum --

One final question -- if we do get an Escritura - if -- when the CGT is calculated is it from the date of private contract 2003 -- or the date of Escritura -- we hope for in 2011
otherwise it would appear we purchased and sold almost simultaneously --------thankyou