AFO

Posted: Wed Mar 1, 2023 1:47pm

34 replies1049 views12 members subscribed

Page 1 of 4:
1
2
3
4
Next

Jane69

Posts: 16

3 helpful points

Location: Huércal-Overa

Joined: 3 Jan 2023

Hi we reserved a property in January this year. We have been informed by our solicitor that an AFO is not in place. Basically the property is listed as a warehouse not a villa.

The estate agent & the sellers solicitor have said they are sure it won’t be a problem & are 99.9% sure the AFO will be granted but will just take time, around 7 to 10 months.

We are obviously reluctant to pay a deposit without it in place.

Any advice would be greatly appreciated thanks

Jane.

Reply
View 34 replies

Posted: Wed Mar 1, 2023 1:50pm

Lmj18

Helpful member

Posts: 397

453 helpful points

Location: Partaloa

Joined: 2 May 2019

Posted: Wed Mar 1, 2023 1:50pm

Personally I’d walk away. The estate agent will tell you what you want to hear.

Posted: Wed Mar 1, 2023 1:53pm

shane19759

Helpful member

Posts: 136

85 helpful points

Location: Arboleas

Joined: 29 Apr 2022

Posted: Wed Mar 1, 2023 1:53pm

Jane69 wrote on Wed Mar 1, 2023 1:47pm:
Hi we reserved a property in January this year. We have been informed by our solicitor that an AFO is not in place. Basically the property is listed as a warehouse not a villa.
The estate agent & the sellers solicitor have said they are sure it won’t be a problem & are 99.9% sure the AFO will be granted but will just take time, around 7 to 10 months....

Read more...

...
We are obviously reluctant to pay a deposit without it in place.
Any advice would be greatly appreciated thanks
Jane.

I would walk away, it's unlikely that AFO will be granted if property is listed as industrial building.

Estate agents will say anything for a sale

Posted: Wed Mar 1, 2023 3:43pm

Jane69

Original Poster

Posts: 16

3 helpful points

Location: Huércal-Overa

Joined: 3 Jan 2023

Posted: Wed Mar 1, 2023 3:43pm

shane19759 wrote on Wed Mar 1, 2023 1:53pm:
I would walk away, it's unlikely that AFO will be granted if property is listed as industrial building.
Estate agents will say anything for a sale

Hi Shane, the previous owners have lived in the property previously & recently used it as a holiday home. They have owned it for 18 years & have a mortgage on it. To my understanding they have never applied for the AFO! Do you think this makes a difference to it being granted?

I appreciate any help or advice. Thanks in advance

Jane.

Reply

Posted: Wed Mar 1, 2023 5:57pm

shane19759

Helpful member

Posts: 136

85 helpful points

Location: Arboleas

Joined: 29 Apr 2022

Posted: Wed Mar 1, 2023 5:57pm

Jane69 wrote on Wed Mar 1, 2023 3:43pm:
Hi Shane, the previous owners have lived in the property previously & recently used it as a holiday home. They have owned it for 18 years & have a mortgage on it. To my understanding they have never applied for the AFO! Do you think this makes a difference to it being granted?
I appreciate any help or advice. Thanks in advance ...

Read more...

...
Jane.

Hi Jane I nearly bought a similar property but after waiting over 2 years for an AFO which still hasn't been granted even though estate agents confirmed it would be easy and no problems. Our solicitor eventually got us our deposit back. If you buy it, without an AFO the problem is if you try to sell it.

I would recommend that if you decide to go ahead you get a clause put in contract with a date to complete with an AFO, at least you can get your deposit back if it's not done.

Good luck Shane

Posted: Wed Mar 1, 2023 5:59pm

shane19759

Helpful member

Posts: 136

85 helpful points

Location: Arboleas

Joined: 29 Apr 2022

Posted: Wed Mar 1, 2023 5:59pm

Jane69 wrote on Wed Mar 1, 2023 3:43pm:
Hi Shane, the previous owners have lived in the property previously & recently used it as a holiday home. They have owned it for 18 years & have a mortgage on it. To my understanding they have never applied for the AFO! Do you think this makes a difference to it being granted?
I appreciate any help or advice. Thanks in advance ...

Read more...

...
Jane.

Just a bit to think about not everyone is honest 🙂

Posted: Wed Mar 1, 2023 6:08pm

Jane69

Original Poster

Posts: 16

3 helpful points

Location: Huércal-Overa

Joined: 3 Jan 2023

Posted: Wed Mar 1, 2023 6:08pm

shane19759 wrote on Wed Mar 1, 2023 5:57pm:
Hi Jane I nearly bought a similar property but after waiting over 2 years for an AFO which still hasn't been granted even though estate agents confirmed it would be easy and no problems. Our solicitor eventually got us our deposit back. If you buy it, without an AFO the problem is if you try to s...

Read more...

...ell it.
I would recommend that if you decide to go ahead you get a clause put in contract with a date to complete with an AFO, at least you can get your deposit back if it's not done.
Good luck Shane

Thank you very much Shane, this is very helpful.

Posted: Thu Mar 2, 2023 4:20pm

Jenni

Super helpful member

Posts: 1293

1002 helpful points

Location: Oria

Joined: 14 Dec 2017

Posted: Thu Mar 2, 2023 4:20pm

Run a mile, it will cost you a fortune and there is no guarantee. and you will have no come back on the estate agents as they are not regulated in Spain. so say and do what they like. Good luck

Posted: Thu Mar 2, 2023 7:47pm

sloop John B

Posts: 28

44 helpful points

Location: Huércal-Overa

Joined: 28 Feb 2023

Posted: Thu Mar 2, 2023 7:47pm

Jane69 wrote on Wed Mar 1, 2023 3:43pm:
Hi Shane, the previous owners have lived in the property previously & recently used it as a holiday home. They have owned it for 18 years & have a mortgage on it. To my understanding they have never applied for the AFO! Do you think this makes a difference to it being granted?
I appreciate any help or advice. Thanks in advance ...

Read more...

...
Jane.

The only way to make sure of what you are buying, is to insist on sight of the nota simple. This document will give the details you require. Do not take notice of the escritura alone, my biggest mistake 20 yrs ago. 10 yrs of pain.

Posted: Thu Mar 2, 2023 7:55pm

sloop John B

Posts: 28

44 helpful points

Location: Huércal-Overa

Joined: 28 Feb 2023

Posted: Thu Mar 2, 2023 7:55pm

sloop John B wrote on Thu Mar 2, 2023 7:47pm:
The only way to make sure of what you are buying, is to insist on sight of the nota simple. This document will give the details you require. Do not take notice of the escritura alone, my biggest mistake 20 yrs ago. 10 yrs of pain.

Hi Jane, as a matter of interest the AFO was introduced in 1975. When they tried to equalise two bodies of government in Andalusia. Typical absolute failure of the Andalusian authority. This was initially brought in to cover up corruption within the several councils. I could go on for hours, but I rest my case.