Hi Malcolm J
Started in 2005 and informed that it will be 2009 before I get to court for first hearing.
If I win against either the developer or the Bank as I have to take them both to court ,they will appeal and that would add another year or so to proceedings
Now on a positive note the developer says he wants to settle out of court Now the negative he has offered 10% of my deposit as full and final payment
Bank Guarantees in most cases are pretty worthless. The law regarding delays in completion and the fact that you should be entitled to your deposit back is a joke.
Habitation ,licences are worthless, as with planning it can be withdrawn.
If you loose the court case then you are supposed to complete on an illegal build even though its against the law as yer not supposed to live in it and developers are back dating interest to where the courts say you should have completed.
Now you cant get a mortgage on illegal builds in the main so one may say many they have been shafted hence they are sticking with the developers ( as they may get to take up their mortgage ) Developers cant afford to repay deposits and if they go belly up you would loose the deposit anyway. A BIRD IN THE HAND SOME MAY SAY? What a choice .
You say its not your fault,?The courts say its not the developers fault either.delays are normal and licences of occupation delays are the fault of councils.
When should you have completed? The other factor is back dated community fees as this issue is now raising its head as the development management companies are in debt
Spain is such a great place,shame about these minor issues that need sorting.