What You Require When purchasing a home of New Work

When a buyer decides to purchase a new build apartment there are certain safeguards that should be required. The most important are:

1 .- To deliver the thing sold

First and foremost is the delivery of new build housing to the buyer, such delivery being a property shall be done in three ways:

A) Delivery material: by putting in possession of the acquirer immediately.

B) Delivery instrumental: it takes place, unless expressly agreed otherwise, for the granting of the deed of sale, as prescribed in Art. Civil Code 1462.

C) Delivery symbolic: Pursuant to art. 1463 of the Code, for the delivery of the keys or by the mere agreement of the parties, or if the buyer already had the thing sold in its power for some other reason.

As is apparent from the arts. 1258 and 1461 and the doctrine of the Supreme Court the obligation to provide housing brings with it the buyer to facilitate the correct title of the properties that were sold to adjust the registry to the legal reality.

The documents that must accompany the provision of the purchaser of the acquired property are:

Certificate of occupancy While this document is not a prerequisite for the effectiveness of the sale is the fact that being a requirement for the procurement of supplies and services which necessarily has to have a home and hence the breach of this requirement is a violation of the obligations of the seller.

Cancellation of mortgages

The buyer must be aware that the seller's commitment to carry out the cancellation of the mortgage is not exhausted, contrary to the mere filing of documents at the notary and the deposit of a provision of funds, but instead must try to remove all obstacles to the realization of the cancellation within a reasonable time, requiring a reliable way, even in court if necessary, the mortgagee to proceed with the execution of the corresponding deed of cancellation.

Condominium homes Where the same institution located in buildings divided into flats or apartments in condominiums should also be required:

1) The statutes and rules of operation of the Owners, if any, as well as information on service contracts and supplies from the community. If the Owners and is operating shall provide a statement of accounts and obligations of the property to be sold.

2) The communication to the person exercising the functions of secretary of the community, which has been a transfer of the flat or premises of your property. The penalty carries a breach of this obligation is really important, because the transferor, but ceased to be owner is no longer paying the common expenses accruing after the transfer, is positioned as jointly liable in the event that the acquirer does not meet these costs.

3) The statement of the situation regarding the payment of common expenses owed to the Community, this statement of the transferor must match the content of the certification issued by the Secretary of the Owners, is forced to make in the time of grant deed.

As prescribed book of the building art. 7 of Law 38/1999 will be delivered to end users the Book Building consists of the following documentation: The project, incorporating, where appropriate, changes have been duly approved, the minutes of receipt, identifying the relationship agents have been involved during the building process, as well as instructions on use and maintenance of the building and its facilities. Autonomous Communities have also legislated on the Book Building.

2 .- The compensation for eviction

It is the second most important obligation of the seller, to respond to the purchaser of the legal and peaceful possession of the thing sold. Under the Civil Code eviction occurs when, following a court order, the purchaser of a thing can be deprived of all or part of it, and is a result of the legal obligation imposed on the seller to respond in peaceful possession of the thing sold.

2 .- The sanitation services

As discussed above the concept of hidden defects is now consider regarding ruinógenos services, considering the concept of ruin rather than collapse, ruin, fall or crash, but the broader concept, accurate and logical "functional ruin" comprising the serious construction defects, which exceed the current imperfections, make the building basically useless or insufficient for their intended purpose and, in cases of housing for dwelling individuals and their families, must be connected with the right to enjoy the dignity and convenient adjustment thereof. Direct action against the promoter for a buyer whose home is suffering from the so-called construction services may be covered based on the decennial responsibility Artículo.17 called Law 38/1999 of November 5, 1999, to November 5, Management of Building, or DC and can be claimed Artículo.1591 repair of construction defects or compensation at the expense of equity. Again and may also include compensation for damages.