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How Safepurchase Spain can assist you with access problems

By Ian Hawkins - Fri 9th Jul 2010

If your property, garage or parking place cannot be accessed, you are legally covered with our title deed insurance policy. This includes but is not limited to situations where the vendor does not vacate and your garage or parking place is too small and not fit for purpose.

Below is an account from a client who encountered such a problem, and we were able to assist.

My Vendor Wouldn't Leave

"My problem started when the woman that had sold me her house begged me to allow her to stay in it. At the time, it did not matter to me so I permitted her to stay for a short while. After 6 months of polite requests, my patience had run out and I was forced to take legal action. I immediately contacted the title insurance company.

I was surprised by their efficiency as 24 hours later they called and told me that the following day 2 lawyers would visit and attempt to find an out-of-court settlement.

We met in a cafe in the middle of August in Benidorm. Firstly, they asked me to file a complaint against the vendor at the Police Station (they explained that in August it was totally impossible to bring a lawsuit to court as it is a non-working month).

After this, we paid a visit to the vendor. The solution turned out to be very easy. In their capacity as lawyers, they showed the official complaint and warned the seller about the future consequences should she not leave the property.

They negotiated a quick departure with her and, unbelievably, the next day I had the keys to the property in my hands. They even paid a locksmith to change the locks and give me a new set of keys.

The solution was friendly, rapid and more importantly, the best outcome for me."

R.M. – Benidorm (Alicante)

What This Means To You?

Sometimes, usually for reasons of convenience, a vendor requests staying in their property for a short time after their sale has been completed.

This may be because he is buying a property that is not yet ready for occupation or to coincide with travel or transport arrangements.

If you agree this with your vendor, you should ask your lawyer to prepare an official rental contract for the agreed period.

Despite legal agreements, however, some vendors or their tenants refuse to vacate the property so that you can gain access. The above example is typical of what can happen and the process can be expensive, time-consuming and stressful.

Having a title insurance policy would cover you against this eventuality. Should your vendor or any of their friends, relatives or existing tenants fail to leave you can count upon your title insurance policy providing the necessary support and assistance you would require.

How easy do you think it would have been for the gentleman above to achieve the same result on his own?

[Note, however, the policy does not cover any tenants that you personally contract or allow to enter your property once you have taken occupation.]

For more information on what our title insurance policy covers, why not click the link above to visit our own website ?