29 May 2010 12:00 AM:

 In 2006 we put 56k euros deposit on an apartment on Costa Esuri. To cut a long story short the company Martinsa Fadesa went into administration in 2008 and although our apartment was finished shortly after the quality is poor and the company has not delivered as expected so we have not completed. The company should have completed the apartment in April 2007. There is no chance that the property will ever look as it should and as the company is in administration the owners are having to do everything for themselves.

In fact we had pretty much written everything off. We told our solicitor - a local one in Ayamonte to cancel the contract but the company says this has not happened. The solicitor does not respond unless pressed to any email and we have heard nothing for about a year. We have now had a formal letter from MF telling us to complete on the 15th June or they will take us through the courts to recover their costs on behalf of the creditors. Can they force us to complete - we have no longer any funds in Spain and our situation has now changed. I just want to walk away.

Thread: ADVICE NEEDED - Martinsa Fadesa - forced completion

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06 Jun 2009 12:35 AM:

Thanks Maria and Abolex.

I have asked my solicitor to cancel the contract two weeks ago but he has not responded to my email. Speed does not seem to be his best point. I have no idea how long the cancellation of the contract would take. I have stuck with the same solicitor now for more than three years and it has been an uneasy relationship at best but it is hard to know what to do and even more difficult to bring about changing things when you lack faith in the system.

He says we are debtors not creditors. We have not had any formal request to complete - perhaps this is because the company is under administration. My Spanish isn't brilliant but I know enough to know that some of the detail you refer to is not there.

For example completion date is definitely missing - there is actually a space in the contract. Formal description of the apartment is not in the contract - i.e. in terms of quality and facilities but the companies provided models and promotional materials that showed what would be provided. There is no reference to a bank guarantee.

I am wanting to go ahead and buy something else but without any risk this time - and safe in the knowledge that I won't get forced to complete on this property. I am looking in Portugal as well as Spain now - at least I would not have property in Spain that is at risk.

CS

Thread: Can I legally be forced to complete?

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19 May 2009 9:48 PM:

Thanks Maria and Rose FP for all your help. Main reason for trying to get this sorted was to buy a place - had seen a resale - bank repossession - I think a good buy. Did not want to find ourselves with two places. Not an issue right now as just been told by the agent that the bank have raised the price! Can you believe it? It had only just gone on the market at their suggested price and we were happy to pay the full price. Perhaps I should give it all a miss!

Thread: Can I legally be forced to complete?

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18 May 2009 10:38 PM:

Thanks for help to both you Rose FP and Maria.

I think I have a few options:

1. Get a second opinion - I have emailled a couple of solicitors to ask what they would charge to review our position - but I would need to get everything from the solicitor.

2. Press once again for an exchange - I have tried for over 18months to try and exchange our poor apartment for one of the empty townhouses - loads of these have been repossessed by the bank and are now on offer at a very reasonable price. For the life of me I cannot understand why they would not exchange in the first place. All our requests have been ignored.

3. Perhaps think about your suggestion of getting a mortgage but if companies can chase after your UK property as well this seems no good.

Thread: Can I legally be forced to complete?

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18 May 2009 5:08 PM:

What were the reasons for the change? Do you have written evidence of that?

 A            The quality of the apartment surroundings was not as we were led to believe it would be. Substandard materials contrary to the agreement were used. We contacted the builder by email and by telephone - also our solicitor to tell them we were not happy. Twice we met with the builder to be shown alternative properties but they never sorted it for us in spite of nagging. So I suppose we don't have written formal evidence but I have plenty of photographic evidence of the poor quality and emails showing how the whole of the people who bought there tried to get some action. There were many promises made by Fadesa to improve the communal areas but then they went into administration.

A           I have never seen a bank guarantee but the solicitor said we had one - I have this on an email. However when I have asked to see it it has not been forthcoming.

A         The solicitor was suggested by the agent - I know now I should have delayed and explored my own. We have stayed with him for practical reasons.

A         If we were to go for a mortgage we would still need to put down a massive deposit would we not? So we would be putting more of our money at risk anyway.

Thread: Can I legally be forced to complete?

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