Since 2006 , I've been purchasing an off plan property in Huelva province and have paid 4 instalments to date. Completion was due in March 2008, but such date could be extended by 3 months for justified causes of delay beyond control of the seller.
There is a bank guarantee in place and the contract states that "quantities recieved on account of the total price shall be guaranteed in accordance with the law with [bank/address/account number] undertaking to deliver the corresponding bank guarantee within one month of the collection thereof .................. if construction does not end on the deadlines agreed, the seller undertakes to return to the purchaser all monies received on account of the price, plus aby corresponding legal interest".
I've instructed my solicitor to execute the bank guarantee but understand that if there is no response from the developer or bank, the matter will need referral to the courts and there is no certainty that judgement would be given in my favour. Even if judgement was given in my favour, I may be unable to reclaim monies paid and obliged tp proceed with the purchase in return for receipt of some financial damages.
I'm struggling to understand how wording which is so black and white (under English law) can be interpreted differently in Spain.
Any advice or reassurances would be welcome.