• Making the buyer liable to pay some administrative or bank expenses
• not requested by the buyer,for instance,if the developer requests some
• of the payments to be done through bank bill of exchange,(similar to
• post dated cheques), there will be some expenses and taxes arising out
• of the bank documents that may often be paid by the buyer.
• Denying the buyer ´s right to choose a Notary Public. Very often the
• developer states in the contract that completion will take place at a
• Notary Public of their choice.
• Obligation to pay for changes to the property when under
• construction,that have not previously been agreed or requested.
5.7 Building construction guarantees
Spanish law makes the builder and the architect of a building responsible for a period up to a maximum of 15 years,should the building fall down or suffer from serious latent defects or hidden weaknesses. Spanish legislation protects the buyer with regard to the construction as follows:
One year,for damages caused by defects on finished building specifications.
Three years for damages caused by defects on building construction materials or installations such us health, environmental,insulations,energy saving,noise insulation. Ten years for damages caused by latent defects on the building structure.
5.8 Purchasers right to obtain information
By law,the buyer of a new property,has the right to be
informed of the following details:
Full details of the seller,builder and the architect.
Description of the property with lay-outs of the living
area.Full description of the building,common areas and other services included.
Copies of the Community Owners Rules,
every buyer of a property in a community
should insist on a copy of the rules.If you do not speak Spanish,
you should have them translated or,at least, summarized in English.
Details of electrical installation, gas,water,heating,
security and fire precautions,
specifications and quality of materials used on the construction and installations.
The buyer should also be provided with copies of
compulsory licences for building and living purposes,
Land Registry details of the property,purchase price
including estate agent commission and VAT,form of payment,completion date,
copies of the terms and
conditions of the standard contract and the document
proving that any money paid in advance during the
construction period are guaranteed.
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