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José M.
José M., Attorney
Category: General
Satisfied Customers: 5823
Experience:  Spanish Attorney
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I am about to get the Escrituras on my off plan purchased house,

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I am about to get the Escrituras on my off plan purchased house, which is finished, and which I have used for three years.
I made three stage payments, the first two in 2005. I understand that the Escrituras are now reqired to show how the house was purchsed. Over the years I have lost some bank statements, (payments 1 and 2). I only have a bank statement for the final payment which was in 2008.
I have no way of showing where the payments came from for 1 and 2. What can I do?

Attorney3044 :

Hi

Attorney3044 :

I am preparing his answer

Customer:

Hello,

Attorney3044 :

Hi, I am on line working on your answer

Attorney3044 :

I wonder if you have check the propiety register in order to know which name its the propiety register to .

Customer:

I have had checked the Nota Simple and it is still owned by the builder.

Attorney3044 :

You after to make a new payment check on with name its the hause registred

Attorney3044 :

because may be the bank or the constructor are over and you pay for nothing

Customer:

I am told that there is a new Spainish law stating that I have to say where the payments came from. Bank account numbers, etc.

Attorney3044 :

Well its another matter

Customer:

The Nota Simple is for the land, and I think the house is registered later at the local town hall.

Attorney3044 :

I think that the new law you mind its the tax one who forced foreign people who has a propiety in spain to declare taxes in spain

Attorney3044 :

But you do not have a propiety in spain

Attorney3044 :

You have a chance, a business to get it

Customer:

Yes, I will pay taxes when I get the Esturas, but the question how can I prove to the law people in Spain

Customer:

how I paid for it.

Customer:

Will they take my word.

Attorney3044 :

I am sorry, I think I do not andertand what do you mean ...

Attorney3044 :

You do not have to declare taxes in spain by now

Customer:

To get the Esturas, I understand that I have to show where all the payments came from.

Customer:

I can only show the last payment.

Attorney3044 :

In order how to probe the payments done it you have to demostrate the way you paid

Attorney3044 :

You can use all kind of probes

Customer:

THis I canot do, as I have no bank statements, and I will never be able to get them.

Attorney3044 :

How did you pay?

Customer:

It was by bank transfer to the builders bank account. I have no bank statement. I do have the builders receipt of receving my money, but it does not show how I paid the builder.

Attorney3044 :

Well The bank its forced in spain to give all the data it have have from you

Attorney3044 :

You could forced the bank to give them

Customer:

Do you mean the builders bank will tell me where my money came from. Do I just contact the builders bank with his detail and dates and ammounts.

Attorney3044 :

yes

Attorney3044 :

As they know where the money comes from and they are your personal data you have right to force them to give your personal data

Attorney3044 :

When did you pay and which way you use

Customer:

I will e-mail the builders bank and ask them to confirm which account sent it.

Attorney3044 :

No e mail Thats not the way

Attorney3044 :

You need to probe they have recibed your order

Attorney3044 :

Once they have recibed they have 30 days time to send you the data

Attorney3044 :

If they do not do it and you denounce them they could get a 60.000 euros fine

Attorney3044 :

The denounce has to be guided to AEPD

Customer:

Thank you.

Attorney3044 :

http://www.agpd.es/portalwebAGPD/canalciudadano/denunciasciudadano/denuncia_ante_agencia/index-ides-idphp.php

Attorney3044 :

Thank you

Customer:

I will send them a letter.

Customer:

Goodbye.

Attorney3044 :

I gently ask for a good rate of my answer

Attorney3044 :

have a good day

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