Please have answers below in bold green ( same text of your email):
Well I am another who has been fobbed off by many promises of a BG ( do you have them in written) and still don't have it after paying the 50 % deposit on July 2007. To my knowledge, the developer still has not received the permit to build and my contract states - see wording below. The 15 months are up on Oct. 5th 2008. What chance do you think I have of asking them to terminate my contract at that time and getting my money back, i.e., the 3,000 Euros to secure the lot + 50% downpayment, + interest from July 5, 2007, or failing that, if I then take the matter to a court of law on default of contract, do you think the court will act favorably on my behalf and make them pay me? You will have less chances as you will carry on a proof burden IF YOU DO NOT GET THE BANK GUARANTEE. So my advise is to formally request ( by burofax) , a Bank Guarantee now and if not given, to inmediately act for contract cancellation as you will have rights to do so under those circumnstances.The developers seem to flaunt the laws at every turn and so I don't know if you have knowledge that going to a court they are going to help me.
I would draw your attention to specific terms in my contract:
Article 5 – The time to build the house and pay the price indicated before will be maximum 15 months from the signing of the contract and receipt of first payment.
Article 8 – Reasons whereby the contract will be terminated:
3. The mutual agreement reached by both parties.
Appreiciate your legal view on this matter.