The house was registered in Pontedeume JOSE PARDO
The buyer of the house registered in Pontedeume alleges almost two decades later that it was not reflected that he lacked a first occupation license
22 mar 2023 . Updated at 05:00 h.
The buyer of a registered home in Pontedeume waited almost two decades and decided to file a lawsuit to have a contract annulled. purchase contract and the mortgage, because they were granted with an appraisal that did not include such relevant information as the fact that the house did not have a first occupation license. However, this person has seen how first a court of A Corua and then the Provincial Court dismissed his claims.
The judgment has just been published and states that the December 23, 2005 this man acquired a house on which the appraisal report made it obvious that the house did not meet the minimum requirements to obtain the first occupation license, specifically it is reported that the built reality does not correspond to the project with which the license was requested (no cession of land is made, the garage in the project was a covered space only and is built closed, the storage room disappears, there are no flaps on the roof or on those of the body of the ground floor that covers the extension of the room and the porch, projected polyurethane insulation has a thickness less than that included in the project, the enclosing wall in front of the plot is built on public land.
A few months without permission
However, the court points out that the deed of sale itself refers to: For the appropriate urban planning purposes, the representatives of the selling entity state that the approval of the sale is pending. work increase legalization license, which they will deliver to me later and unite by note. This permit, according to the ruling, had been requested on September 14, 2005 and was finally granted on December 30, 2005.
The court includes in the long sentence that buyers should not only rely on appraisals: To become aware of the urban situation of the property, they must use other types of specific documents issued by the competent authorities (for example, the City Council ) and not base your alleged error on a mere appraisal report.
The plaintiff alleges that he did not understand the scope of the contract
The claims of the buyer of this house were based on declaring null and void a contract in which key issues were not ensured to constitute a mortgage with guarantees. The court cites a long list of examples that may be similar in jurisprudence and recognizes that when the bank client cannot, due to lack of adequate information, obtain exact knowledge of the scope of the contractual clauses, this amounts to an inappropriate willingness to negotiate. formed which leads to the non-existence of a valid consent and therefore to the nullity of the contract.
Finally, they do not consider that this is one of the cases in which the absence of consent in the contract, because they were not aware of the risks involved in acquiring the home. In any case, the buyer can still continue appealing this resolution. Of course, the Court imposes the costs of the process.