Breach of Contract

Post reply   Start new thread
:: New - Old :: Old - New

Pages: Previous | 1 | 2 | 3 | 4 | Next |

Forum home :: Latest threads :: Search forums
The Comments
06 Feb 2007 2:41 PM by gillcefai Star rating. 13 posts Send private message

Dear Maria

Thanks for the advice. It basically sounds as if the law is on our side and we just need to act fast, have a lot of confidence and patience to ensure we are treated fairly and not bullied into thinking we might as well give in!

Watch this space

Kind regards

Gill Cefai 

 




Like 0      
07 Feb 2007 11:26 PM by miket Star rating in La Mairena, Elviria. 371 posts Send private message

Hi Gill,

Just noticed your posting.

Maria is correct  when she says that the 3 month contract extension is not automatic BUT in reality if the development is getting close to completion the architect can quite easily produce a statement with valid reasons for any extension! I don't feel you would have serious grounds for taking any action during this period. I would wait until the 3 month period has passed and then revaluate your options.........I think I may have raised this issue briefly in our email exchanges?


_______________________

Mike T






Like 0      
28 Feb 2007 2:43 AM by raganp Star rating. 34 posts Send private message

Am I correct in believing all property purchase conracts for off plan purchases including reservation/deposit contracts and the private purchase contract signed with the builder ,must contain an exact completion date to work to? Are terms like,   approximately  2 years from start of building, issuing of  building licence or date of signing this contract , abusive practices and would render contract null and void?



Like 0      
28 Feb 2007 10:39 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

That´s it. You need to have good legal advice in the consumers´side, which is not very frequent in the real estate field ( even when Laws and Courts are getting more and more protective to buyers )  and fight hard with clear understanding of your position and rights. The bilateralism of contracts is  an essential  principle and any clause against or dismissing this can be invoked as abusive and therefore null and void.  Therefore if there are specific time clauses for the buyers´obligations, it needs to be specific time clauses for the seller.

http://www.costaluzlawyers.es/eng/?p=25

  FInd below an example of Court decission stating that the inprecise completion date is abusive ane therefore null and void .This sort of decissions, together with Consumers Law ( national and european) and general priciples of Law and provisions contained in book 4 title 2 of the Civil Code make a strong deffense against those imprecise essential terms of the contract:

AP Madrid, sec. 25ª, S 10-11-2004, nº613/2004, rec.633/2003. Pte: Guglieri Vázquez, José María
Happy Andalucia day!
M.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
28 Feb 2007 4:35 PM by fergie Star rating. 7 posts Send private message

I have a similar issue with a large developer in the Murcia region (Polaris) who in the contract stipulated an exact date the property would be ready by otherwise we had a two week window to notify them that we wanted to pull out.  This we did through our lawyer.  Now our lawyer is telling us that Polaris are now saying the property is ready however neither ourselves or the lawyer ever were notified it was by the date.  We have found out there are another 20 people who are also in a simlar situation trying to cancel contracts and the developer saying the property is ready.  However our lawyer says he has tried to photgraph the properties but has been refused access.

Anyone else having similar issues???




Like 0      
01 Mar 2007 2:28 AM by raganp Star rating. 34 posts Send private message

Thanks for that advice Maria, can I deduce then ,that all Palmera Property deposit contracts , which never give any specific completion date or any  acknowledgement the builder  would ever have to pay back a deposit, even if they are at fault ,is a complete abusive practice?The only timescale they give is , we will notify you when its completion time and then you must complete within 3 months or, [yet again] forfeit your depositThis means timescales are infinite and they could  keep hold of your deposit for countless years or deliver the property when it suits them. !!!!



Like 0      
01 Mar 2007 8:30 AM by miket Star rating in La Mairena, Elviria. 371 posts Send private message

Hi RAGONP,

From what I've learned this past year clauses in contracts that are written in such a way that are clearly unfair to the buyer can be effectively "Struck Out" by a judge in any litigation proceedings! Your developer I'm sure would have given you specific dates to pay over your deposits with penalty clauses being applied for any late payment? They also say that you would forfeit your deposit should you not complete within 3 months of when "they" say the property has been completed.

Your solicitor should of course have pointed all of this out before you signed your contract. It's simply not reasonable to have an "open ended" contract period when they are holding your money! Personally, I would have your contract scrutinised by an independant litigation lawyer who has proven experience of taking this type of case through the legal system.

 

Good Luck and BE PROACTIVE................


_______________________

Mike T






Like 0      
01 Mar 2007 9:00 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

raganp:

of course: non time defined contracts-- null and void.

Best regards,

Maria L. de Castro


_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
03 May 2007 7:13 PM by Locins Star rating in Thurso, Caithness, S.... 102 posts Send private message

Locins´s avatar

Hi everyone

Have just received a phone call from our lawyer Martinez attached to MRI to let us know our 2 bedroom penthouse apartment on Roda Golf is due for completion in June. However, they have an issue with the developers regarding our property.

We purchased our 2 bedroom penthouse with solarium on a two storey block but the developers have built another apartment on top of this so therefore we are in middle and do not now have a solarium. We are being offered a choice of two options 1. stay with same apartment which is now middle floor without a solarium and receive a refund or 2. move to the top floor and stay with solarium but pay extra 32000 euros.

We have refused to accept either option stating that we want absolutely nothing shorter than what we paid for and dont expect to pay any extra for a  top floor solarium. Oh dear........ my head is now such a muddle!

Would appreciate any thoughts on this matter that may help us reach a decision. Martinez are away speaking with developers and getting back to us on Monday.

Cheers

June



_______________________
A fine is a tax for doing wrong. A tax is a fine for doing well.



Like 0      
03 May 2007 7:27 PM by JeansSis Star rating. 2376 posts Send private message

JeansSis´s avatar

Hi June,

Stick out for what you were told you'd bought & certainly don't pay 32,000€ extra, that's just not on. (32,000€ WHAT ?????

Janice

See ? I'm annoyed for you !





Like 0      
03 May 2007 8:02 PM by rowlandsbb Star rating in Gloucestershire &Hue.... 779 posts Send private message

rowlandsbb´s avatar

Sorry to say this but as far as I am aware the apartments at Roda Golf were always 3 storeys...I can give you details if you want

It seems that MRI have sold you a first floor apartment not top floor  

If you like Roda Golf [and no reason not to]  then you have to make a  decision

Your contract will be with Roda Golf so look at it in detail

if it does say'  2 storey penthouse with solaruim' then you just need a good advice to  get the best deal

The contract should show the apartment details so it should be quite clear



_______________________

 

 

 




Like 0      
03 May 2007 9:06 PM by Locins Star rating in Thurso, Caithness, S.... 102 posts Send private message

Locins´s avatar

Hi rowlandsbb

I can assure you most of the apartments were 3 storey but not all of them. The apartment that we were sold was on an end block only 2 storey high. I would be very interested in seeing the details you have.

Our MRI offer and reservation receipt states that we have purchased a Penthouse apartment .The contract detail from Roda Golf only refers to the property by number only starting with F2 -- -- -- -- which I assume is second floor but no further detail.

That aside if there were only 3 storey apartments then why would the lawyer phone to say we have an issue with the builder having built on top of our apartment therefore losing our solarium, then offering us a refund. If MRI had sold us a first floor and not a top floor apartment then why the phone call claiming there is an issue. We definately bought and paid for a 2nd floor 2bedroom penthouse apartment.

I have also noticed tonight on sifting through the contract that it says 'all expenses and taxes arising from the signing of the purchase public deed will be payable by the purchaser, including the plusvalia tax' is this correct as I understood the builder had to pay this tax.

Janice

Thank you for your support and taking some of the anger from me. I can see us with a fight on our hands unfortunately but hopefully not.

June



_______________________
A fine is a tax for doing wrong. A tax is a fine for doing well.



Like 0      
03 May 2007 9:24 PM by JeansSis Star rating. 2376 posts Send private message

JeansSis´s avatar

Hi June,

You said "I have also noticed tonight on sifting through the contract that it says 'all expenses and taxes arising from the signing of the purchase public deed will be payable by the purchaser, including the plusvalia tax' is this correct as I understood the builder had to pay this tax."

If you signed the contract with this on I think it's tough luck. The developer often tries to offload these expenses & taxes onto the buyer ! Our own contract in Spanish had this on also although our English copy had no such clause (conveniently omitted). As our agent had pushed their legal dept & we had left it to them to look after our interests as we were naive & knew no different, we insisted they were at fault as they hadn't checked the contract. We insisted THEY pay the Plus Valia. On a 195,000€ property it was 1,345€, no mean sum. They paid it.

Janice





Like 0      
03 May 2007 9:34 PM by Locins Star rating in Thurso, Caithness, S.... 102 posts Send private message

Locins´s avatar

Thanks

Janice we will check all this out when the lawyer phones again Monday - nightmare! Will keep you informed as things progress.

June



_______________________
A fine is a tax for doing wrong. A tax is a fine for doing well.



Like 0      
03 May 2007 11:14 PM by Candyfloss Star rating in Cardiff / Mar Menor. 1605 posts Send private message

Candyfloss´s avatar

Hi June,

We have had many a chat in past posts about yours and our excitement on buying our new spanish homes. I was so upset to see that all is not going too well for you now. A penthouse apartment whichever way you look at it is always on the top so don't see how they can hope to get out of this. You must be devastated. I do hope that you will be able to resolve this and try not to worry too much. I know that is easy to say at this stage but I really do hope it can be. sorry I can't offer any advice apart from just wishing you all the luck in the world.

Gina





Like 0      
04 May 2007 12:17 AM by Locins Star rating in Thurso, Caithness, S.... 102 posts Send private message

Locins´s avatar

Hi Gina

Thank you for your support and so glad to hear that all is going well for you. I have been reading the posts but not responding much these days as we have been busy and away from home a lot.

Yes to say we were devastated at the news this evening is an under statement. For over 2 years now we have been fairly confident that Roda Golf was the right choice for us and delighted at its progress, but to be hit at this late stage (we were supposed to complete this month) is nothing short of a nightmare. If they have built another apartment on top of ours surely this has not just happened so why leave it this long before letting us know. At the end of the day though we have paid for a 2 bedroom penthouse apartment no matter what and we will not settle for anything less.

June

 



_______________________
A fine is a tax for doing wrong. A tax is a fine for doing well.



Like 0      
04 May 2007 12:27 AM by Locins Star rating in Thurso, Caithness, S.... 102 posts Send private message

Locins´s avatar

Rowlandsbb

Just to confirm that the apartments in Roda Golf are 2 storey at each end of a block with 3 storey in the middle so not sure why they would choose to build up on ours which was at the end of a block.

June



_______________________
A fine is a tax for doing wrong. A tax is a fine for doing well.



Like 0      
04 May 2007 12:11 PM by karren Star rating in south shields uk. 56 posts Send private message

HI,

We have a penthouse apartment on phase 1 and it has 3 floors and we on the end, I think you have been misold your property.Hopefully you will win the argument, i certainly would pay an extra 32000.Fight your case



_______________________
karren



Like 0      
04 May 2007 12:23 PM by georgia Star rating in Algorfa (As seen on .... 1835 posts Send private message

Vip Supporter

georgia´s avatar

Hi Candyfloss,

Just to add to the confusion,you can actually get a penthouse apartment on the ground,first,second floor.........

The same as you can get a 2 storey bungalow!!!!!!!!

I understand from previous posts that you are a uk agent as i was long ago,you have to appreciate there is no mis-decriptions act in Spain as there is in the UK.

Basically you can call a spade a shovel as long as it's on the escritura.

In saying that someone has made a massive boo boo and mislead and mis sold you Locins unfortunately it will be down to you to prove this.

I wish you all the luck,stand your ground and make as much noise as possible to all parties concerned is my advice,it is a shame because Roda is a lovely development.

Big Boys strike again!!

All the best

Georgia



_______________________
www.taylorlandandpropertygroup.co.uk still here after all these years!



Like 0      
04 May 2007 12:52 PM by Locins Star rating in Thurso, Caithness, S.... 102 posts Send private message

Locins´s avatar

Hi Folks

Karen you say ' Iwould certainly pay an extra 32,000. Fight your case.' is this a mistake?

Georgia I cannot believe this has all happened now as we have waited over 2 years and meant to be completing this month - why has this not been picked up before now?

Someone has made a major boo boo and we will shout as loud as possible to try and rectify our situation. We are of course hoping that our lawyer will understand and fight our case so we can come to a solution quickly and easily.

Of course, we also think Roda is lovely and want to stay there but not to our detriment.

June



_______________________
A fine is a tax for doing wrong. A tax is a fine for doing well.



Like 0      

Pages: Previous | 1 | 2 | 3 | 4 | Next |

Post reply    Start new thread


Previous Threads

Breach of Contract? - 2 posts
"Pain in Spain" programme .. - 2 posts
paid a refundable deposit and not been able to get it back? - 4 posts
Website for small loads from UK - 0 posts
Snagging surveyors - 29 posts
Snagging surveyors - 0 posts
SHOPPING .. LOOK AT WHAT I FOUND - 3 posts
Personal Safety - 2 posts
Importing a car into Spain tax free - 1 posts
Lo Crispen ALGORFA Geoffrey - 1 posts
Handyman for hire! - 0 posts
Malcolm - 1 posts
Malcolm - 7 posts
La Canada San Miguel - 1 posts
Spanish Festivals - 12 posts
Sant Ana Golf Jumilla(San Jose) - 5 posts
Punta Plata Apartments - Estepona - 1 posts
Habitation Licence Granted, But Apartment Not Ready. - 6 posts
Do not use - 22 posts
Planning permission - 0 posts
Habitation License - 1 posts
Webcam - 9 posts
Cudeca on Canal Sur - 0 posts
Spanish Healthcare - 4 posts
PRINCESS KRISTINA properties - 22 posts

Number of posts in this thread: 72

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 | 2 | 3 | 4 |
Our Weekly Email Digest
Name:  
Email:
   


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x