View Full Version : Discovered property i am buying is illegal, Am I entitled to deposit back??

11-10-2013, 07:17 PM
I hope you can advise me on my problem!!!
I have paid 10,000 deposit on a villa that needs to be finished, it has no occupation licence, the villa has been abandoned for 12 years. I was told by the seller that the villa would get its licence of occupation once it was finished to the original plans. The building licence has expired but I have been told by Benahavis town hall I can continue the project.
My problem is that I have just been told by the original architect that the original builder built the villa bigger than the plans and that it is now an illegal build and that it could never obtain its occupation licence.
I do not want to continue the purchase to end up with a villa that I could never sell due to it being an illegal build.
Am I entitled to my 10,000 deposit back due to the illegality of the villa?

11-25-2013, 02:18 PM
Hello Fuzzynana,

I believe you can initially claim the deposit, but this can only be confirmed after checking the documentation that was signed, that is, the reservation contract you signed when you put down the deposit.

Please feel free to contact us if you wish that we assist in the matter.