Desparately seeking Refund by terminating Contract

The story is that we have instructed solicitors (Fusters- paid 2000 euros) to terminate our contact as our property (penthouse on phase 5) was due for completion last year and only just hearing now that it will be ready soon. 

We never received the bank guarantee for the second payment approximately 2 yearsago which started the concern and led to the cancellation instruction to our sols, we got this money back from our sols at the time but want the contract terminated and the deposit and intial 25% back.

Our solictiors are saying no breach of contract as the work eventually started 12 months late and the dealy is not an issue and are now not responding to us, not the best 2000 euros ever spent.

The advice I would like is how do we get our solicitors to get us to a point where we can get the original money and deposit back and that we can terminate the contract over the delay to the build.

Has anyone got a solicitor which has delivered results for them that they could recommend?

Regards

Lee

Dear Lee,

What your solicitor may have not realised is that the Consumers Law specifies that the completion date must be clearly specified in the contract, and from the experience we have with Polaris, I can say these contract normally estipulate that completion date will be "x months after build works start", which has already been sanctioned by Courts in Murcia.

Therefore, you do have an opportunity.

Will pm you with further info.

Kind regards,

 

Hi i am in the same situation i have instructed fusters to try and recover my 40% deposit from PW i purchased flat 26835 in phase 2 how are you getting on with Fusters

my court date is October 4th

this will be the second time at court to try and recover our deposit

 Hi  we have been advised by fusters to seek a lawyer in the UK as legal action is now being taken against us by a company called CLS Legal Services based in the UK on behalf of PW, and they are taking proceedings against us for "failure to meet our obligations" and  take us to court for the outstanding balance, CLS have also added recovery fees and interest ! an extra 16,000 euros.

We don't know where to go from here.

Good luck with your Court case next month.

I understand your frustration with the delay etc in the construction of the apartment you bought some time ago, however what you have to remember is that there has been a worldwide financial crisis, and there are hundreds if not thousands of people in the same position.  Polaris are quite sneaky with how they word their contracts, are not all that great at customer service and very nearly went under altogether, but what I can't understand about your situation is why, now that the end is in sight and your apartment is being built, you are so desperate to seek a full refund?

Have you read any of the other threads on here about how happy everyone is with what they have?  TLTGR is already shaping up to be a fantastic resort, and in comparison with other developments is still going full steam ahead. We were in a similar position to you a couple of years ago, considering going to the courts for a refund, however we stuck it out and are now absolutely delighted that we did.  We have a fantatsic aparment in a fantastic development (which we realise is still some way off completion) and are already living our Spanish dream in our holiday home on TLTGR. 

I have met many of my neighbours (most of whom have also experienced similar problems with PW) but who are also all happy that they stuck it out and would not change what they now have.

Maybe you should reconsider? 

Am so pleased that you are happy with you apartment, am aware of the world financial crisis, however not sure  you understand some of the other problems we have had with PW. I know what you say about the end being in sight but have been pursuing cancellation for over a year so our situation a bit different than yours.  

Thanks for positive remarks though  would have been really useful if was  still deciding what to do. I wish  you every happiness in your Spanish home.

m12nto

You are not the only person who has had problems with PW.  I am sure everyone who has ever dealt with them have experienced problems to some degree.  As I already said, we also experienced problems and alomst went to the courts, however we are now really glad we didn't.  The point I am trying to make is that at some point you must have had a Spanish holiday home dream and that can and WILL still be very much a reality if you are willing to stick it out. 

Of course, if you put down a deposit several years ago in the hope only to make a few quick bucks by selling it on before completion, then you are in a very different situation and I wish you all the best.

 

No was not hoping to sell on! Did not at any time assume was only person to have problems with PW. Do not think any need to keep this thread going. I was only trying to thank you for your positive comments which would have made a difference if we had still been undecided.

The problem some people seem to be having is financing the 60% which was to be readily available when completion arrived but due to the banks and long delay by polaris some people cannot finance and therefore cannot complete.the place looks really nice but not what people expected as nothing to do there.also polaris are now offering same appartments at 100000 euro to new buyers.

Hi, sorry to hear you are having trouble. We too thought that we wanted to get rid of apartment at various points over the last 4 years. We even thought that we might loose the deposit at one point. We swapped our apartment at Easter and now are overlooking las isles. Went out in the summer, so glad we kept the apartment, especially as paramount are putting in a theme park nearby. Trying going over. Once you are in you may realise just how good it is. If not good luck trying to get a refund!