Obviously, I am slightly hampered in providing a detailed comment on your property. However, the first thing that I would say in reply to your direct question about being too fussy is: there is no way when buying Spanish property that you can be too fussy. It is as simple as that!

Equally, your agent (who will probably be earning a commission of approx. 5% – 10% of the sale price) sounds extremely defensive and has either been dealing with idiots for the past 20 years or is being coy in the extreme. Your property, if recently built, should also have a Decenal (similar to the UK NHBC 10 year building guarantee). The License of First Occupation is essential and you will be mad to buy a property that has existing legal problems unless they are resolved in writing before signing any Escritura. It sounds as though the property may, classically, exceed its allowable habitable volume – given the plot size and planning regs. This can be very hard to resolve.

I make the point again and again in my book (worth buying!) that you should never buy a ‘flawed’ property and that you should always get your lawyer to place all his advice in writing (often advice can change when a lawyer is forced to place it in writing!). There is no shortage of properties for sale in Spain – so why take any risks?

Regarding construction, correctly erected retaining walls can be extremely important. They are, however, one aspect of building that is sometimes done poorly (to save money) and many people mistake a ‘decorative’ wall for one that should be constructed to bear significant loads whilst dispersing excess water (Spain does have some astonishingly powerful storms) effectively. On this matter, I would very strongly suggest that you use a properly qualified building surveyor to check the property. Mark Paddon of http://www.surveysspain.com is one of the best in the country and you would be well advised to contact him for his advice.

The main point is this. If you are concerned then it probably means that something, somewhere is not correct. If this is the case then slow down the buying process, if need be go to another lawyer for a second opinion and on no account put any more money down until matters are resolved.

Finally, if anyone says something like ‘…oh, don’t worry, it’ll be alright, that’s just the way it’s done in Spain…’ then treat them with the contempt they deserve.

3mins from Puerto Banus, quality property, good build, legal title, mature area, quiet road, motivated seller, near schools, etc…

Even after stressing to the agents, not to show me the ‘cr*p’, I was taken to numerous substantial properties where basements had flooded, single cavity wall (new build!), damp problems, no Damp course protection, etc… and many that were ‘overbuilt’.

The most common answer in Spain to anything technical, legal or illegal is; ‘Relax, in Spain we don’t worry about these things, it’s fine…if they’ve done nothing to date, it won’t be a problem.’

So we proceed to lawyers (the best out of three), who do not ask any warranty questions to the vendor, as is standard in the UK. I had to provide them! The license of first occupation then reveals that it was overbuilt by a small amount and even though a ‘fine’ of 7000 euro was paid to ‘legalise’, it still says the property was built to ‘not legal’ requirements. I am keen to complete, but have said, that unless the town hall provides me with a letter stating, that, ‘there are no outstanding or current actions, enforcement, or fine pending and no future ones will be taken against the house, now that the ‘fine’ has been paid to legalise and first license issued’ …it is not possible to complete, as without that letter, I have nothing in writing to protect myself or the property.
Q: Am I being too fussy or am I correct in asking this.

It’s interesting that when you ask the lawyer to put his firm and PI cover at stake, that you will not face any future action, he ends up saying, ‘let’s try and get the letter’.

The retaining walls (10ft high), which hold back the neighbours property of which the current vendor had built under a design and build specification from a ‘good’ architect, did not put any drainage holes in, nor used any structural engineer or has any drawings to explain it’s specification. Amazing incompetence for a 2m euro villa. With the recent rain, revealing many building defects in 90% of properties, many retaining walls have failed or revealed cracks…this is an area that requires high due diligence. I have now asked for an amount to be set aside in escrow, so that I can undertake the works to ensure the walls last the duration of the property.

Next I did an air con check…and revealed that all the air con and pool heat exchange unit is R22 (kills ozone layer), which was not legal for installation when the property was built, and the cooling fluid is illegal to be bought or sold, unless reclaimed R22 is used. Obviously ‘left over R22 stock’ is much cheaper than installing the latest air con systems, but the Vendor wasn’t told that! 95% of air con in Spain is R22. In 2009 it is not legal to buy or sell R22 fluids. In 2015 it will be illegal to do anything with them. Another amount is being held in escrow to replace these units….check, ask, test (electrics, drains, water and all costs to run the property!) In Spain trust nothing.

I appear to be ‘annoying’ the agent (who maybe sees a commission slipping away), who states to me, ‘in the 20 years I’ve sold property in Spain, no one has asked such detailed questions… I respond, ‘that’s why, so many people have been burnt, lost money, life savings, etc…’

Feedback welcome.

I only found your book as well as your site today and am really enjoying your thoughts and opions.

Anthony

You are not that strange – people are still buying! However, obviously, the volumes are down greatly since the crash. I think the price declines have been pretty universal across Spain with a useful article on this topic here: http://www.spanishpropertyinsight.com/buff/2010/07/14/spanish-property-market-value-down-64pc-over-3-years/

The other problem is that the market is quite complicated, see my post: http://www.culturespain.com/property-in-spain/spanish-property-%e2%80%93-beach-apartments-in-spain)

Finally, ref. Moraira and the Costa Blanca. The Spanish are in deep financial trouble and so the demand for holiday homes from them has pretty much collapsed (not helped by massive over-building) which was always in excess of both domestic and foreign demand. Nonetheless, the Costa Blanca is well worth looking at with Moraira particularly desirable. If you are coming this way then may I also suggest (I am naturally biased!) that you give the Gandia area a look as well.

My apologies for all the Links – but I think you may find the info. helpful

NICK

On the point about demand, clearly the global recession took all buyers from all countries out of the market but as those countries (germany, holland, uk and France) recover is it relevant how much domestic demand there is in Spain for holiday homes on the Costas? Does anyone know what proportion of the Spanish holiday home market was driven by Spaniards?

Tell me more – as someone who has received very good atttention (so far!) from the Spanish medical service, I am curious as to the differences. I have a more than healthy(!) interest in the subject matter!!