Safe Purchase Guarantee
Safe Purchase Guarantee Brochure
Purchase your property with Andaluz Homes and your property title will be guaranteed for 20 years with Caser® Title deed Insurance.
When you purchase your property through Andaluz Homes the safe purchase guarantee title insurance underwritten by Caser® will be provided at no cost to you the purchaser. The premium for the insurance is paid by Andaluz Homes and is issued directly to you the purchaser. The insurance itself is provided by Caser® one of the largest insurance companies here in Spain who currently insure all of the major Spanish Savings Banks. The objective of the title insurance is to provide you with additional peace of mind that your property title is insured for the next 20 years.
Andaluz Homes have been selected and accredited by Caser® as the only Estate Agency in the Cadiz Region able to offer buyers this unique value adding insurance under the "Safe Purchase Guarantee" scheme.
The Caser® Title deed Insurance guarantees that all your legal rights stated in the title deed will be respected and that the property you have purchased fulfills all the required legal conditions. Caser® provide a Guaranteed Commitment of Resolution within six months. Caser® will appoint experts in Spanish real estate law who will manage your claim to the highest standards of diligence and efficiency. Should they be unable to resolve your title defect within a period of six months you will be compensated up to a maximum value of €360,000.
Title deed problems are a rare occurrence especially when you use a reputed, qualified and registered Spanish Property Lawyer to act for you during the purchasing process.
An example of items covered under your Caser® Title deed Insurance:-
BOUNDARY ISSUES
Your neighbour claims that the home you bought occupies some of the land belonging to them.
HIDDEN VALID LEASE
You have bought a house that has, previous to your purchase, been leased to a third party. The lease is valid until it expires, regardless of who holds title to the property.
PURCHASE FROM AN INCAPABLE SELLER
You discover that the person from whom you bought the property lacked the necessary legal capacity to sell (not of age, mental handicap, senile dementia, etc.)
HIDDEN LEGAL DEFECT
Over the course of the 20 years, you may find a mistake or discrepancy in the title deeds that makes it impossible or difficult to sell your property or that limits your rights of ownership or enjoyment.
COMMUNITY DISPUTES
Over the course of the 20 years, you may discover agreements passed by the Community of Property Owners that could limit your rights over the property.
MARITAL PROBLEMS
The person from whom you bought your property has sold it without spousal consent and that threatens your title to the property. If there is a minor child involved, you may not able to access the home you have bought.
NON-INSCRIPTION IN THE LAND REGISTER
Consequences:
LEGAL DISADVANTAGE of the owner whereby he/she may lose the property or suffer financial loss against charges or seizure.
LEGAL INSECURITY. The insurance acts in this case as an alternative register, providing the guarantees which should have been offered by the Land Registry.
DEMOLITION ORDER
Imagine that after several years, a Demolition Order is placed on your house because it is shown that the building license by virtue of which it was built, is illegal because it infringed land classification (Urban Planning Scheme) at the time of purchase, or simply because your house was built without a license or in breach of the terms of the building license.
OTHER ADMINISTRATIVE ORDERS IN FORCE
You discover your house is subject to an undisclosed ruin or eviction order from your date of purchase.
SALE "AS IS"
Even when some time has gone by, there are numerous cases in which it is discovered that part of a property does not belong to the person who has bought it. For example: a terrace turns out to be common property, which has been fraudulently added to the plot by the previous owners.
IMPOSSIBLE TO ACCESS
When your home, garage or storeroom cannot be accessed, you will be covered. For example: the seller may not vacate the premises on completion, there is no access to your parking space or garage and you cannot park, you are not given the storeroom you purchased, etc.
BANKRUPTCY OF THE SELLER
If a judge rules that your property is subject to the previous owner's bankruptcy (preferential rights of the creditors)
THIRD PARTY RIGHTS: EASEMENTS
Undisclosed right of way or unregistered charge in favour of a third party is discovered that affects the property.
THIRD PARTY RIGHTS: UNKNOWN HEIRS
- Old property owners or unknown heirs from the past appear to claim their property.
- It is determined whether there has been mistaken execution of a Last Will and Testament during the most recent transactions that affects your property.
UNPAID TAXES, QUOTAS OR UNSETTLED COMMUNITY EXPENSES
Over the course of the 20 years:
- You discover you have been paying too much in community fees because at the time of purchase the property was assigned the wrong coefficient.
- There is an attempt to make you pay an incorrect quota or unsettled community expenses prior to your purchase.
- Or for example, there are outstanding taxes prior to your purchase that you should not pay, etc.
Exclusions: Damage, contamination and all defects in the knowledge of the owner prior to the date this policy takes effect.