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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.

Lmj18

Posted: Wed Mar 1, 2023 1:50pm

Lmj18

Very helpful member

Posts: 501

581 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.

shane19759

Posted: Wed Mar 1, 2023 1:53pm

shane19759

Helpful member

Posts: 134

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....

...

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 

Jane69

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.

shane19759

Posted: Wed Mar 1, 2023 5:57pm

shane19759

Helpful member

Posts: 134

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 ...

...

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 

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shane19759

Posted: Wed Mar 1, 2023 5:59pm

shane19759

Helpful member

Posts: 134

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 ...

...

Jane.

Just a bit to think about not everyone is honest 🙂

Jane69

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...

...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.

Jenni

Posted: Thu Mar 2, 2023 4:20pm

Jenni

Super helpful member

Posts: 1348

1085 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

sloop John  B

Posted: Thu Mar 2, 2023 7:47pm

sloop John B

Helpful member

Posts: 67

109 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 ...

...

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.

sloop John  B

Posted: Thu Mar 2, 2023 7:55pm

sloop John B

Helpful member

Posts: 67

109 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.

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