Purchasing a Property from a Developer

This is the discussion thread for the article Purchasing a Property from a Developer

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You can employ a lawyer, do all checks and it still goes wrong. We cannot complete the final stage of registration into the land registry because the builder did not obtain a 10 year guarantee. We bought a new house and he is an auto promoter but sold property as a resale. Solicitor did not address this problem at the time and we did not speak sufficient Spanish to understand what was going on and put our trust in our lawyer. He has since made various attempts to obtain the building guarantee retrospectively but this has not been successful. We offered to pay 5, 000 Euros towards costs. We feel our only option now is litigation via another solicitor after 2 years of headache or is there another option?
Kind regards James.

[Lawbird Lawyer]

Dear Sir,

If you read my article on Bank Guarantees in Spain your case is mentioned.

I quote myself:

Bank Guarantees on Self-Built Properties

I am building my own dream-villa, should the constructor hand me a bank guarantee? The answer is no. In this particular case in which a person has bought a plot of land and they are building their own detached villa the Building Act regards them as self-developers. The constructor is hired by them and is acting on their behalf. In this particular case bank guarantees are not applicable as the purchaser is the developer. However, Law requires the self-developer to arrange the mandatory Ten-Year Insurance (Seguro Decenal). A lack of compliance attaining this mandatory insurance will result in this self-developer being forbidden to sell their house within the next ten years whilst alive unless expressly waived by the purchaser.

Regards,

Raymundo Larraín Nesbitt