Apartment not built to original specification - legal view

Hi,

We placed a hefty deposit on an apartment with a developer 18 months ago. We chose the specific apartment because of the view and the size of the balcony. We are now due to complete but they have built the balcony too small. This makes the balcony unusable for the purpose we purchased it for. We actually paid an additional €50,000 to move to this apartment.

They have offered us other apartments but none match the view and specification that we originally bought.

They have refused to return our deposit and there is nothing aparently in the contract to cover this.

Is there any protection for us under Spanish law so that we can reclaim our deposit?

I really appreciate anyones help.

Thanks,

Brian

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Dear Brian:

You might have rights for compensation or cancellation and refund of all money paid. It depends on circumsntances and contract. A good lawyer should take a look on it.

Best,

Maria

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Hi Brian,

Depending on the difference in sq. m you can actually request that the contract is terminated, unless you can prove that the size of the balcony was an essential part of the deal and that you would have not purchased it had it not been for it. It is difficult to give a more precise opinion on the matter without reading the contract and knowing the history of the transaction.

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Hi,

First of all thanks for the replies.

The balcony and view was the reason we picked this apartment. The balcony is 20% smaller than it should be.

To be fair the developer has offered us other apartments but they are not as good as the one we signed for.

Thanks,
Brian

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The useless condition of that balcony and evidences of the developer offering new products are in my opinion enough to pursue a contract cancellation.

If you see the case just through the m2 criterium, you would  need 10% or more of missed size to act a cancellation. But... in my opinion : lack of meters in a balcony which make the viewpoint useless needs to be contempleted from an aditional angle than just the lack of simple surface. It is indeed a change in an important quality feature of the object which needs to be seen as a cancellation cause: an " alliud pro alio". You are not getting what you bought.

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Thanks Maria,

I am going to try to see where this goes now. I really appreciate your help.

Brian

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You are vey welcome

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