Legal tip 1219. Law 57/68- Were you ever called to complete?-Supreme Court says

antifreeze said:
Wednesday, October 22, 2014 @ 11:09 PM

That Maria, seems like a logical ruling - again in poorly constructed contracts with no proviso except, if you do not complete, you lose your deposit - simple. But not accepted by developers who ignored decided which part of the contract they wanted to enforce, ignore or keep.

So WHY were these developers getting clients to extend contracts and verbally saying, 'YOU WILL FORCED TO COMPLETE! We will not negotiate an exit.'

When people were being pursued, there was no protocol - new scenario in off plans. Stunned purchasers - incomplete sites, no facilities, no hotel and....sales lawyers disappear. EVERYONE confused, unclear and lots of buyers now, had the promise of mortgages. They suddenly have no job, not the same mortgage offers. Buyers, unable to meet the loan criteria but banks still offering to take their details so they could complete on building site based properties. Banks should have done their due diligence, checked the affordability criteria for repayments.

The properties were guaranteed (verbally) to make profits, rent out, PGA, luxury etc - verbal....courts do not accept this as no contractual proof....now, will courts accept telephone conversation as evidence - as mostly, the developers, phoned, to talk to buyers and NOTHING in writing!

So what does a court see as proof? Verbal or written? No one anticipated gathering proof to go to court 7 years later....no one thought it would get to that stage. No one envisaged thinking about asking for written confirmation to argue with developers about their breach of promise and contract.

Such developers, made calls by phone and also, got the banks to take details to 'force' unworkable mortgages when it all went wrong.

So, Maria, what constitutes 'proof of non completion reason'. The original contract clause to lose deposit, was ignored by developers. People were FORCED to complete, then return the keys to banks.

Why are courts still insisting on completions now...?

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