English Español Français Deutsch Nederlands Dansk Polski Россия Partner Login Client Log In Register
         

What Does Your Safe Purchase Guarantee Cover?

By committing to the Safe Purchase Process, our property professionals will do their best to ensure that your property is not affected by some of the problems you find below. Your dream property may not be quite what it seems and you may be advised, therefore, not to proceed.

For problems that remain hidden, are unfair, unforeseen or fraudulent at the time of purchase, our Safe Purchase Guarantee provides cover that protects the rights accorded by your title deeds for the next 20 years. The main provisions are summarised below although the list is by no means exhaustive.

You should note that all of the provisions below are real examples of problems that actually happen.

IMPORTANT NOTE

All Safe Purchase provisions are strictly governed by Caser’s Policy Terms & Conditions ("CASER TÍTULO DE PROPIEDAD Modalidad de Propietario") which are available and downloadable as PDFs in English and Spanish by clicking here.

 
 
Fraud & Document Forgery
Identity Theft - Your House Sold
Lack of Occupancy Certificate

Technology makes it very easy to forge and falsify all sorts of documents. There are well-organised groups of fraudsters who specialise in the this type of activity.

You are covered in the event of the use of any false document that relates to your purchase.

There have been numerous cases where owners have become victims of identity theft and fraudsters have sold their properties for bargain prices.

The Spanish Supreme court even upheld the right of the 3rd party purchaser who had bought in good faith and the real owners lost their homes.

Without a Certificate of Occupancy (Cédula de Habitabilidad) you cannot legally contract water, electricity or gas to your property. In theory you cannot sell your property without it.

This is one of the most common problems affecting 1000s of properties across Spain.

Vendor Was Not The Real Owner
Compulsory Purchase
Revoked Building Licences

How do you know if the vendor is the real, legal owner of your property?

If in the future you find that the ‘vendor’ had no legal power - through a revoked Power of Attorney, for example - to act in the sale of your property, you would be covered.

When the governing political party of town halls change, so can local laws.

Many who have lived happily in Spain for years fall victim to changes in land-use classifications that legally permit compulsory purchase orders. Properties near to the coast are particularly vulnerable.

Imagine after several years of ownership, the town hall issues a demolition order because it is shown that the original building licence is illegal and contravenes local planning laws and land classifications.

There have been numerous high profile cases of this recently on many of the Spanish Costas.


Fraudulent Sale - Property Isn't Yours
Border Disputes
Unknown Heirs Or Inheritors

There have been numerous cases where owners discover that part of their land or property does not belong to them.

A terrace, for example, turns out to be common or communal property and was illegally constructed by previous owners.

A very common problem arises when one of your neighbours decides that some of the land you own actually belongs to him.

This can be the beginning of a very real and unpleasant situation but having your rights protected means that a solution is guaranteed.

You find out one day that in the event of the death of a previous owner, there are hitherto unknown heirs who subsequently make a claim on your property.

You title insurance has a provision for this event.



Coastal Law Procedures
Hidden Legal Defects
Valid But Hidden Lease

Parts of the Spanish coastline are protected by the 'La Ley de Costas' or Coastal Law.

Changes to the classification of land near the sea have removed the rights of owners to sell or bequeath their properties.

How would you know if your property had an existing administrative claim against it?

This refers to mistakes or discrepancies in your title deeds that subsequently makes it impossible or hard to sell your home or which limits your rights of ownership or enjoyment.

Often these seemingly minute details are not picked up by legal professionals.

You find out that you have bought a house that is already subject to a valid lease or rental agreement that you did not know about.

The lease is valid till it expires regardless of who owns the title. Would you know what to do?


Access Problems
Bankrupt Vendors
Community Disputes

If your property, garage or parking place cannot be accessed, you are covered.

This includes but is not limited to situations where the vendor does not vacate and your garage or parking place is too small and not fit for purpose.

A judge says that the house you bought is subject of a bankruptcy order of the previous owner and therefore the rights of preferential creditors must be considered.

This is a point that very few if any legal professionals are likely to find or look out for.

During the next 20 years, disputes arising on your community relating to anything that is passed by the Community of Owners that limits your rights to your property are covered.


Purchase From Incapable Vendor
Administrative, Legal & Financial Claims
Non-Inscription In The Land Registry

You are covered in the event that the vendor you purchased from is legally defined as not having enough legal capacity to have signed over the title deed, thereby invalidating the sale.

These types of claims cover a wide variety of possibilities. Should anyone make a legal or financial claim through the courts for compensation or part of your property that affects the rights to your title, your Safe Purchase Guarantee may be able to help.

You are covered for the costs and charges due should the registrar at the Land Registry office finds a defect in your title deed.

This problem can only arise and create a liability once you have signed your title deeds at the notary.



 
© www.safepurchasespain.com All Rights Reserved