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What happens if the private contract of purchase or property does not properly describe the property we are buying?
Property Law
Antonio Flores Vila
18th of July 2001
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Q. We recently agree to buy a house in Spain and employed a highly recommended Spanish solicitor. When the contract was mailed to us the property adress was correct but the description was materially incorrect. We wrote to the solicitor about this and he reassured us that the contract covered this problem (there is specific a clause requiring appropriate amendment of the deeds by the vendor). We have heard nothing about this since,depite asking, but have been advised by the solicitor that contracs were exchanged and a 15% deposit paid.
Is this type of situation normal, and what is the position if the
corrections have not been made? We have disposed of our property in England ,are due to complete the purchase in Spain on 31 July, and hope to take possesion on that day.
Under the normal process can we expect to get the keys on that day?
Please reassure us as we are presently in limbo.
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A. The description of the property is not the most important part on a
contract, as long as the property can be properly identified as the one you have seen and you wish to buy. If that can not be done, that is, identify the dwelling as an individual property registered in the
corresponding Land registry, it would be convenient to make the
amendments. I am not able to help you without knowing the extent of the incorrection.
Regarding completion, you should by all means obtain your keys on that
day, and obviously possession of the dwelling.
I hope you complete safely on the 31st and no doubt your solicitor will be able to assist you in the transfer of title stage and registration process.
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