POWER OF ATTORNEY

I'm wondering whether anyone can help me. We have bought an apartment in Block 9. We bought in June 2003 and it was due for completion in Jan 2005.

We have not been at all happy with the delay and we would very much like to pull out.  The habitation license has been applied for and we are expecting to complete in the near future.

As our contract was signed on our behalf by our solicitor in Spain, we do not have a copy of it.

Does anybody have a copy of the contract and do they know if there are clauses which state a money back refund if the building hasnt been completed by a particular time?

I have emailed my Solicitor and am awaiting her reply.

Secondly, we really want to get rid of this property and would sell for a considerable drop in the market value. All we want is our deposit back and a little extra.

Hi Gordon we have the same problem with the delay and our solicitors advised us that it would be very difficult in court to get get a cancellation or refund on the point of them being delayed as the developers can use so many reasons for the delay (quarry strike etc ). We have also a problem with a large window box built on the balcony that was not on the original plan. Good Luck Gordon (hendrix)

I sent a note to our solicitors yesterday asking for the latest status on our property and what we could do if the developers don't complete on time.   Our original completion date was January 2005, so there is already a 2 year delay. The reply I got was:

The developers are still waiting for the First Occupation Licence from the Town Hall.  With regards to the completion date, the developer is still within the stipulated period of time to comply with it. The Building Licence was granted in 2004 and the private purchase contracts were signed then. As per your contract completion must take place twenty four (24) months afterwards plus a six-month deferral period in case of circumstances beyond the developer’s control that puts them behind schedule. Actually this was the case because last year there were several strikes in the quarries of the area that entitles them to the extra time period mentioned.  we would like to point out that if completion of the property of reference has still not taken place after the six-month deferral period the developer is entitled to, you could cancel the contract and be returned the monies paid to date. At this point we must warn you that this would not be instant because the developer would fight back.  You could always claim compensation at court for the delay if the damage caused can be assessed and justified but it would be quite complex.

We seem to be on the same frequency as you sally with regards timing. our solicitor who has spent many years working in litigation in Spain has advised us that cancellation for late delivery would be very difficult  within 8 months from the completion date as so much has happened last year. Out solicitor has advised us the best way is to register a (customers complaint) with the courts which would not cancel any contracts but if proved against the developers would mean a reduction in price. The promotion and marketing broucher does not reflect what the end product  should be for the people in blocks 2 and 3 and that is another case.

I contacted my lawyers (Anderson Abogados) many times with this same concern ;ast August. 

Coming from Australia it is practice that a deposit on a property is invested and that interest is accrued until the completion date. In spain this seems to be a different story. The fact that we are all waiting patiently (in my case 3 1/2 years) for this to be completed is costing us all time and money yet reflects the integrity of the developer and their pure need for greed as without a doubt they are making money off our deposits and not distributing.

I made enquiries in relation to cancelling the contract and was advised to wait until the estimated date of completion plus 6 months (which was dec 06) and then to review. At this time I enquired again and was advised that yes it is possible, that it will be very difficult and the developer will challenge it blah blah.. Basically it would be up to 2 years before an outcome or refund of monies and quite a large lawyer bill.

My mind is in the mindset that I will settle and rent or sell as refuse to have my money wasted another 2 years plus more lawyers fees etc. Also - because I am trying to sell, minimising public defamation against the property will reduce the property getting a bad reputation and being worth less. In the case of the hill that is infront of blocks 1-3, I think that this problem should be solved by the developer and hope for everyone involved there that the developer has many apartments for sale in those blocks still and that they cannot sell and therefore realise (potentially out of their own selfish reasons i dont doubt) that they will remove their so called "natural dirt mound" in order to sell them.

The whole property was marketed as front line golf. In my case i cannot argue cancellation on those grounds as apparantly my apt has good views according to an REA i deal with in Spain, but for everyone else I would suggest disputing it prior to the private purchase docs being signed.

My lawyer wa able to send me a PDF of my developers contract so contact your lawyer. I had mine legally translated by my local Spanish embassy at a small fee.

Goodluck all round.

F