After signing a deposit to buy a home, the buyer found that the house had more meters built than those that were 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 was able to recover the down payment and disassociate himself from the purchase
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 deposit, since the seller 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.
