Are Car rental companies making you break the Law in Spain!

I am a lawyer representing a contracted purchaser and we are currently considering legal action against the promotor.  We wish to complete the transaction but have been hit by a large amount of very punitive claims for mortgage interest and damages.  Does anybody out there have a lawyer who has done/or is contemplating doing the same?

Hernandez Abogados

don't you think this is the base why the promoter offered me she would resale my apartment (i am before completion, but apt is said to be ready) and reimburse the already paid 30% when the new purchaser completes? and exclusively the promoter because when i asked if i could keep on trying to resale through a real estate agent i was told it is not allowed in this case. i mean, is it possible that the promoter acts like the La Reserva complex was her own internal market because in this way no matter if any licence ever existed or not?

to sue or not to sue

I  put a 30% deposit down on a penthouse in manzana 6 in February 2003. I would really like to recover my deposit rather than complete as the property was always intended to be an investment. CAN ANYONE RECOMMEND A GOOD SOLICITOR PLEASE ?!!!! I am currently using Jacabo Romera at ME. Not sure if this is a good idea having read comments. More info. would be really helpful if anyone has some.   

Chardonnay,

I have recently completed on my penthouse situated in the same Manzana.  All the documentation from Penarroya is present and correct to complete with a mortgage and you will be accruing interest every day that you choose not to do so, as you agreed and signed for in your contract agreement when you paid your initial deposit in 2003. 

I think that your view that you can now choose to sue for your deposit to be returned because you only intended it to be an investment is terribly misguided - under what reason can you sue?  Okay, so the development is late, but it is now ready and the documentation supports sufficiently for completion with a mortgage - you choosing not to is not a valid reason to sue and to attempt to do so will cost you even more money without any return.

Also, beware!  I sought advice from several solicitors and found ME to be helpful and efficient.  A lot of solicitors will be happy to tell you what you  want to hear so that you choose to sue and they can charge you literally thousands of euro's more for a brand new case which holds little strength.  ME are far more realistic and impartial.  I could have chosen to sue, but recognised that completion is possible and far more cost-effective in the long-run.

Finally, if you are not in a position to complete, Penarroya may be able to offer your apartment for re-sale in their office on the development.  I'm not sure of their terms and conditions regarding this, but at least it is another option.

Best of luck.

Hi All,

Please note - further to several hostile private messages, I do not work for ME or Penarroya!

However, I have spent literally hundreds of hours this year, fact-finding regarding our situation at La Reserva and in Marbella in general and have arrived at my own conclusion. 

Through reading the previous posts on this site I recognise that I am in the minority of the optimistic.  However, having worked as hard as I have this year to learn as much as I can regarding the situation, I believe that to not complete will be financial suicide in the long-run.  I also believe that over time the current optimistic minority will grow into a majority, even if it is represented by completely new names and faces.

Good luck everybody, whatever your views and decisions...