"Two months after registering my house, at a meeting of the owners' association I found that out that I had to assume payment of a claim for the improvement of common areas that, prior to my purchase, had already been settled and won by an adjacent community of neighbours.
I spoke with the seller who should have paid this prior to the sale but he point blankly refused to pay anything.
Thanks to the Title Deeds insurance company and the pressure they put on him, he eventually assumed responsibility and settled the outstanding liability."
R. V. - Marbella (Málaga)
Spanish law states that where there are common areas shared by property owners, an official community must be formed with at least annual meetings held to apportion running costs and agree on maintenance schedules.
In most cases, these communities are run by committee with each owner's annual costs determined by the size of his property. You cannot avoid paying these costs and good lawyers should ensure that the community fees are paid and up-to-date prior to your purchase of the property.
This case shows us that debts, quotas and liabilities can still arise after you have purchased your property.
It is shows us how easy it is to miss the finer details. Safe Purchase Lawyers will always request a copy of the latest community fees receipt to ensure your seller is not leaving you any unpleasant surprises.
This case refers to an extraordinary claim that was still the responsibility of the community but not part of its standard annual costs.
How easy do you think it would have been to ensure that the previous owner assumed this debt once the sale had been completed?