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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5980
Experience:  Spanish Attorney
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WE HAVE BUILT AND SOLD A PROPERTY IN SPAIN BUT THE PROPERTY

Customer Question

WE HAVE BUILT AND SOLD A PROPERTY IN SPAIN BUT THE PROPERTY IS STILL IN OUR NAME, AS THE TITLE DEEDS HAVE NOT YET BEEN ISSUED.WE SOLD THE PROPERTY IN 2004 AND NOW THE IBI TAX HAS BEEN SENT TO US FOR PAYMENT FOR YEARS 2008-2013.THE PERSON WHO WE SOLD THE PROPERTY TO HAS REFUSED TO PAY THE TAX BECAUSE "THE PROPERTY IS NOT IN HIS NAME" EVEN THOUGH HE HAS LIVED IN THE PROPERTY FOR ALL THOSE YEARS AND HAS NO PROBLEM PAYING FOR WATER AND ELECTRICITY.WHERE DO WE STAND LEGALLY AND CAN WE CHARGE HIM RENT OR ANYTHING ELSE TO COVER AT LEAST THE UNPAID TAX WHICH TOTALS 4600 EUROS.
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.

JoseMagadan :

Hi

JoseMagadan :

José M spanish attorney

JoseMagadan :

We cpuld see here two problems

JoseMagadan :

The first one its that in front of the goberment you are the obligated to pay in all cases

JoseMagadan :

Once we know that you have two ways to proceed. First one its paying and in the other hand just not pay at all

JoseMagadan :

if you do not pay at all the main problem will be for HIM because the goberment will seice the propiety and will sell it out

JoseMagadan :

The second problem its that if you do not pay the goberment could do a litlle bit gaints you as you are in US and you do not have propieties in spain

JoseMagadan :

So, if you do not have more propieties in Spain, the worse part of the case will be alwys for him, because you could probe the fact of the sell out in 2004 and he will be able not to demand you at all for the unpayed taxes, and if he does not pay he take the risk to lose the propiety for ever

JoseMagadan :

So, think about it, and resume that he will be the looser in the worse part of the case, nobody pays taxes and he lose the propiety, you do not assume a risk at all, and in my opinbiion he will be forced to pay

JoseMagadan :

If you have propieties in Spain, another ones, you will have to pay, as long as you are the obligated person in front of the tax agency, and demand the sums payed in court

JoseMagadan :

This are all the posibilities, if you have doubts please ask

JoseMagadan :

My objetive is to give the best service so please ask so many times as you need until you were plenty satisfied with

JoseMagadan :

Thank you

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