Duquesa

This problem is really one for the lawyers, I think.

We are purchasing off-plan in Phase 3 of a development with 700 apartments. At time of purchase in Nov '05 we were told that 5 pools would be built,  with the 5th pool at the rear of our block.  I have recently discovered on this website that the 5th pool will not now be built, due to insufficient space. If a Building License is granted, does a Developer have the right to make a fundamental change like this without even informing the purchasers who will be affected?

I wonder what our rights are under Spanish Consumer Legislation, or do we have any rights at all? Do we have the right not to complete, with a refund of all monies paid to date? Failing that, are we perhaps entitled to a reduction of the purchase price? Surely the Developers cannot mis-sell property like this and just get away with it?

Any advice re this matter would be very much appreciated.

Great website, an absolute treasure-trove of information for novices like me.

Regards, and thanks

MCK

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I'm not sure what your legal rights are, but am sure Maria de Castro can help (lawyer who posts on here).   First of all, I suppose you have to check the fine print on your contract - I suspect that certain things, as in communal facilities, etc. - can be changed without liability.  But again, only a lawyer can advise you on this.  Contact Maria (do  a search of Maria L. de Castro).

As I've said in another thread, your developers (and I know this for a fact) will, under pressure refund all your monies if that is what you want (Maria has obtained this for other purchasers in the same situation with the same developers) or, again I know this has been agreed, at least pay your IVA on your purchase to compensate/save their sale.

Sorry, just editing to clarify the above - Maria, I believe, has obtained deposits back for people from the same developers months after their failure to deliver the property on time!!  Just wanted to clarify that, from what I've read, Maria has been able to get deposits back due to non-delivery of apartments on time.  So, again, check with Maria!!

Check out all your avenues.

This message was last edited by Pitby on 4/28/2007.

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I am not a lawyer but - I think it is highly unlikely the developer will give you any money back. On the development we bought in, we have specifications for all sorts of things such as gym/fitness rooms, indoor heated swimming pool, tennis courts, storage room in basement, etc. The configuration of the outdoor pools were also changed from what we were promised.  We also believe the specification of the kitchen has been downgraded.

The development is now not only 2 years late, but we are getting different spec buildings. No one has consulted the buyers, offered compensation, or reduction on price or given us the choice to get our money back. It is a take it or lump it approach. I am not a lawyer but I am pretty certain that is the case.  A couple of people have got their deposits back after a wait of 5 months or so - but that was on the basis of the delay of 16 months already - reaching a delay of 24 months on completion. One buyer has sued the developer at considerable legal expenses - and lost.

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MCK,

We bought in phase 2 of DV which I assume is where you have bought!

I believe the fifth pool has been confirmed as going ahead now.  On the subjet of getting monies returned - our apt was substantially delayed but despite the bank guarantee the dev refused to return our deposit / int.  I do know that some owners has earlier managed to get theirs returned however.  After months of court threats they offered us 50% back or to complete.  We told them we were taking our chnces with the courts (hard to tell if you'll win even in the right as there is a lot of corruption...) and they offered to pay the IVA tax for us if we agreed to complete.  So - in the end we paid about 13,000 euros less than we had originally agreed to pay for the apt.

On a happy note - we are very pleased with the apt - it's spacious and well finished and when phase 3 is finished the complex will be a peaceful place I think!

Hope yours is finished on time.

Best wishes, Caroline

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