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Help please! Regarding house sale

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Winkywoo

Hi,

My partner and I decided to purchase a house in Malta, we found one, signed kunvenju and paid our deposit. Found out in January that the house in question has had building works carried out and no permit in place. So seller went to MEPA to get the permit, but to date no MEPA Permit has been issued (even though we are told it's coming, it's coming!)The vendors at the weekend decided they no longer wished to sell or extend the kunvenju, (our kunvenju runs out tomorrow)yet according to the estate agent and notary we still have to pay the notary fees to the tune of over 600 euros, not to mention the 350 euros we have already spent on an architect to discover that no permit was in place!

My question is do we really still have to pay the notary fees to get our deposit back even though the reason the sale is not going through is because the seller can not legally sell the house without the MEPA permit and then the seller deciding they no longer wish to sell. Seems very unfair that we have spent over 1000 euros and the sellers are the ones stopping the sale!!

We would be grateful of any advice as I've trawled through the internet and can not find anything!

:)

ricky

Hi Winky,

welcome to the forum.

Obviously the house in it's present state is illegal and it is not said that unpermitted building work will be sanctioned. Normally it is not even allowed.

Having said that you will probably only get your deposit back! Hopefully ....

As the notary and architect were contracted by yourself you will have to pay and try and sue the sellers for damages. That might take years.

If you can give me the PA number for sanctioning I can give it a look and see what the situation is at the moment.

Cheers
Ricky

Winkywoo

Hi Ricky,

Thanks for responding :)

We have been told our deposit will be returned thank goodness! But seems a very unfair system here for the buyers. Looks like we have to take the hit and pay.

At the moment, a screening letter was sent to the seller a week ago and a planning application is due to be posted outside the house for people to object to the building works.

Oh well live and learn and I know I won't be buying a house in Malta ever again!

Thanks again for replying :)

Toon

Welcome to malta and its quirks  - these links would put me off buying anything here



Hope you find something else soon if your still in the mind to buy...

ricky

Hi Winky,

let me know when you have a PA number!

Maybe I can give them a bit of pain-))) Opposing sanctioning of illegal building is one of my favourites ...

Usually the problem is not the buying but the selling for a decent price. Paying just 1000 € costs might have saved you a lot of money !

Cheers
Ricky

georgeingozo

The seller cannot just decide doesn't want to sell - they may have to pay you a penalty for failure to complete

Spiridonov

Check the preliminary agreement (konvenju). The common practice that buyer loose the deposit if decides not to buy; seller pays more than deposit if decides not to sell; and some reasons are deemed as independent from the parties (like MEPA permit, for example) and everybody just receive the money back.

But in any case the buyer pays for notary services

georgeingozo

Spiridonov wrote:

and some reasons are deemed as independent from the parties (like MEPA permit, for example) and everybody just receive the money back.


thats "force majeure" and refers to events outside either parties control. If the current owner carried out the work on the house without MEPA permits then arguably thats not force majeure

mikea

Should you wish to test EU Law in this matter (and aslo have a 'sleep' problem) then here is the cure for both: -

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