The sale of second-hand apartments does not stop growing, but what defects can appear in this type of construction compared to new construction?
And in what way can they be detected, avoided or counteracted?
What is the “as is”? And how can I cope with it?ut what defects can appear in this type of construction compared to new construction?
“For the high amount of buying and selling a home, the ideal when it comes to second-hand is to visit accompanied by an architect or technical architect”, according to the recommendation of the spokesperson for the Organization of Consumers and Users (OCU), Ileana Izverniceanu.
This is very important to keep in mind, especially when the building in which the house is located is old or has not been inhabited for a long time. And it becomes indispensable when the contract specifies that it is purchased “as is in the state in which the property is located, which the buyer declares to know”, according to the terminology used in these operations.
We must be very clever so that the terminology does not end up playing a trick on us.
The mentor Ileana Izverniceanu gives two examples of two real cases in which the association has recently taken an interest. “A lady, who bought a couplet from a bank for a price exceeded, when the rains arrived, she found that the roof was not well waterproofed: the repair cost 5,000 euros and the entity refused to pay for the repair.
Another buyer of a detached house in Madrid had to redo the connection to the water network and, since Canal de Isabel II must be requested a budget (it is worth clarifying that it is the provider), she finds that she has to pay almost 1,000 euros, an expense that he did not have and that nobody warned him about. “
To save yourself many troubles, it is better to get advice from an architect or technical surveyor. That they can tell us the real state of the house.
In old buildings, it is also necessary to find out the general state of the building, in case changes are made to it in the near future and we will be subject to the payment of an upcoming and unexpected spill due to the facade, roof, installation of an elevator …
Along with the house, the buyer acquires, generally unless something else is agreed, also the seller’s obligations, so, although the spills have been decided by the Community Board before the sale, they must be paid by the new owner .
But the difficulty with spills does not end here! And it may be the case, for example, that the Board has accepted the budget of a construction company on a date prior to the signing of the sale contract, but is negotiating a deferment of payment, a financing of the work or a subsidy.
Since, at this stage, the amount of the spills is not yet legally required, it will not appear on the Certificate of debts with the community of owners, which must be delivered to the potential buyer.
To avoid future troubles, a solution could be to ask the seller for the minutes of the last community meetings to find out if there are works in process. In order to quantify the expense and negotiate with the seller the purchase price, it is advisable to also do the same check with the doorman, the property manager and the neighbors, who are the ones who know the property best.
It is necessary to do a little research work before venturing to buy a house that is already affected by a future spill. And when in doubt about the conditions of the property, investigate if the property has passed the Building Inspection (ITE), a document that certifies that it meets minimum safety and health conditions.
And if it exists, see if they are favorable or not, and if it is not, it is necessary to have extra costs or even to pass them on to the purchase price of the home.
If, despite all the inquiries we have made, the new owner discovers any damage after the purchase, he can always resort to the law as a last resort.
We should know, and count on it, the fact that as of June 2018, all buildings over 50 years old must have the Building Assessment Report (IEE), a document that integrates the Technical Inspection of buildings (ITE), but also certifications of accessibility and energy efficiency.
Source : El País
