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Bee wrote: 09 Nov 2021 09:22
You can't be liable for the debts on the property. That is one of the last things that is checked before signing at the Notary in case a debt has been registered just before you sign. You might however agree and become liable to pay an outstanding debt for one reason or another but it would be very unusual and I doubt any Solicitor would advise such an action.
Bee wrote: 09 Nov 2021 09:22
You can't be liable for the debts on the property. That is one of the last things that is checked before signing at the Notary in case a debt has been registered just before you sign. You might however agree and become liable to pay an outstanding debt for one reason or another but it would be very unusual and I doubt any Solicitor would advise such an action.
Bee
These seem to beg to differ.
We are talking Bank Repo's so there is in theory 'No Vendor' to claim from
Hence my post yesterday about the new owners being liable for Utilities and other outstanding debts
See point 4 of BB attachment
But then again I am just an Ex Pat who knows nothing
Bee wrote: 09 Nov 2021 09:22
You can't be liable for the debts on the property. That is one of the last things that is checked before signing at the Notary in case a debt has been registered just before you sign. You might however agree and become liable to pay an outstanding debt for one reason or another but it would be very unusual and I doubt any Solicitor would advise such an action.
One reply in particular in the link from the lawyer seems to confirm the question about debt
Amanda Thomas
March 30, 2021 at 9:51 am
Dear Mike, As we advise in Spain debts can be inherited with the property as they are linked to the property. It is absolutely essential everything is done properly when buying (and selling) by professionals, as when it is not, that is when we see the legal problems. Kind regards
They are just trying to scare you into using them most of the statements on there are not exactly correct and as far as I know Amanda is not a Lawyer .
Cheers fred, i didnt know that
I only know they retain a set amount from the sale of a property to cover any outstanding debts that may appear a short time later , and if none you get your money back, eventually
I would be alarmed if a solicitor told me they were retaining money in case a debt showed up. What if the debt ran into hundreds of thousands. There is a last minute check done before signing to confirm no debts and that is your guarantee and the guarantee given to the Notary by the Solicitor.
Bee wrote: 09 Nov 2021 19:13
I would be alarmed if a solicitor told me they were retaining money in case a debt showed up. What if the debt ran into hundreds of thousands. There is a last minute check done before signing to confirm no debts and that is your guarantee and the guarantee given to the Notary by the Solicitor.
Bee
Hi Bee
Sold my property Mid Oct and despite the checks by both parties to show no monies outstanding they retained 350 euros 'Just in Case' We were told that this now is custom and practice,
Apparently we get this money back after a year but I wont hold my breath
That could land you the buyer in all kinds of difficulties because you are now being made liable for a debt you don't know about and which might be €350 or it could in turn be €3500. Is the "just in case" an expense that the solicitor might "forget" to charge you or did the solicitor say it was specifically for a debt registered on the property. I know what my stance would be with a solicitor who has told a Notary in your presence that there are no debts on the property.
Bee wrote: 10 Nov 2021 10:49
That could land you the buyer in all kinds of difficulties because you are now being made liable for a debt you don't know about and which might be €350 or it could in turn be €3500. Is the "just in case" an expense that the solicitor might "forget" to charge you or did the solicitor say it was specifically for a debt registered on the property. I know what my stance would be with a solicitor who has told a Notary in your presence that there are no debts on the property.
Hi Bee
I was selling and despite all the copies and Certificates for proof of payment the money was taken from my final Cheque It was documented and signed off by the Notary and noted that any money not used from the 350e will be returned after one year
I will let you know in a years time
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