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View Full Version : How can I remove 4 embargoes from our property?



John
02-07-2009, 04:41 PM
We have bought a property in Spain and the builder demanded we pay all the money prior to escritura. Since then we know we have 4 embargos on our property. What can we do to have these removed?

Lawbird Lawyer
02-09-2009, 02:29 PM
We have bought a property in Spain and the builder demanded we pay all the money prior to escritura. Since then we know we have 4 embargos on our property. What can we do to have these removed?

Dear Sir,

Normally on buying off plan there is a clause in your Private Purchase Contract along these lines: "se adquirirá libre de cargas y gravámenes".

This means that on your buying an off plan property you are purchasing it free of charges, liens and encumbrances. If at the time of completion there are any (such as in your extraordinary case with no less than 4 embargos) you are in your right to demand that the developer has them removed prior to you completing (your lawyer can arrange this) or else to supply you free of expenses and at no additional charge an identical property for you to complete on.

At no time are you obliged to complete on a property with preexisting charges as its obvious. No lawyer would recommend you ever do this.

It is important to realize that until completion a property belongs to the developer as its lodged under his name at the land registry so its up to your lawyer to check for any charges on it. These charges can easily be cancelled prior to completion on the same day by calling in the lender and having them cancelled prior to you closing on the property handing him his owed money.

However if you have already completed on a property which had 4 embargoes on it then there is nothing you can do as your property will be held liable for the owed amounts and can be seized and auctioned off. If you had appointed a conveyance lawyer this is clear case of gross professional negligence and you can claim on his professional indemnity insurance which is in place exactly for this type of cases.

I take the opportunity to offer you our legal services. For only 75,40€ we will be able to provide a property health check to confirm there are no charges on your property. Unbeknownst to many landlords they own property in Spain with charges which only become apparent after a routine legal check. Please contact us (http://www.lawbird.com/services/contact)on this service should you be interested in peace of mind.