Before buying a property in Spain, check the registration status of the property.


One part is not legalized!

Buys. After signing a deposit to buy a home, the buyer found that the house had more meters built than those listed in the registry. The bank denied him the mortgage due to the risk that that part would have to be demolished. Attention! Although the seller claimed that there was no file for urban infringement, the buyer has been able to recover the earnest money and disassociate himself from the purchase [AP Madrid 22.12.2022] :

  • The courts have taken into account that the buyer was not informed of the excess buildable area (the built-up area was double the maximum allowed buildable area).

  • In any case, it has been rejected that the seller had to return the doubled down payment, since the latter did not voluntarily withdraw, but rather the buyer did not write the deed because the seller's default prevented him from obtaining the mortgage.

Before buying, check the registration status of the property .


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