Roda Gold - threatening to sue for breach of contract because I cannot complete

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29 Jun 2011 00:00 by ClareK Star rating. 3 posts Send private message

Hi,

Is anyone out there in the same position?

I cannot complete on my apartment in Phase 4.  I have accepted that I shall lose my 30% deposit, as per the terms of the contract but they are now trying to envoke clause 1.124 of the Spanish Civil code over the contract to force me to complete, saying that termination of the contract has to be mutual, and threatening to sue for breach of contract if I don't complete.  Latest is that they will take a further 20,000 euros for costs.  Therefore if I agree they end up with the apartment to sell on, 30% of the initial value (much larger percentage of the actual value) and 20,000 euros.  What can I do?

 

 

 

 





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30 Jun 2011 11:51 by sneezey Star rating. 64 posts Send private message

sneezey´s avatar

Put your question in the box at the top of the page in the Spanish Lawyers page and they will give you an answer, free of charge.





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30 Jun 2011 12:14 by Faro Star rating in London. 1139 posts Send private message

Sneezey

You have made 43 postings saying the same thing - give it a break!

Some people would just rather use the forum than hand over all there details to your firm.

People can see the box you have paid forand use it if they want





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30 Jun 2011 13:47 by joanmalaga Star rating in Costa del Sol. 420 posts Send private message

 calrek, contact a solicitor, there are many ways to cancel contracts and you may be able to turn this around, you do need legal advice and i recomend you do it as soon as possible.

Joan





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30 Jun 2011 13:49 by campana Star rating in Marbella. 474 posts Send private message

campana´s avatar

Claire:

 

I agree with Joan.  Please engage a lawyer, as you may indeed be able to negotiate on this matter. 

 

Patricia





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01 Jul 2011 04:43 by sneezey Star rating. 64 posts Send private message

sneezey´s avatar

 Ok point taken





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09 Aug 2011 03:08 by 0210 Star rating. 14 posts Send private message

 Any news on this yet ClareK??





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09 Aug 2011 11:31 by ClareK Star rating. 3 posts Send private message

 Thanks for all your posts, I think that eventually I am getting to resolving this.  It has been a long hard, expensive, slog.

 





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09 Aug 2011 13:49 by 0210 Star rating. 14 posts Send private message

 Hi ClareK,

I have pm'd you.... Thanks.





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12 Aug 2011 17:40 by roeman1312 Star rating. 1 posts Send private message

Hi Clare,

We had the same problem a couple of years ago, I had three heart attacks and they still would not let me out of the contract.

This was the worse investment I have ever made, all the promises have never been fulfilled resulting in low rental returns because we are on phase 3 and you need a car because there is no access to the Club without going all the way round.

No Hotel and shops, in my opinion will ever get built. All these things had bearings on the price we paid for our property and I will never understand how Roda can get away with this.

Roeman1312





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12 Aug 2011 17:51 by ClareK Star rating. 3 posts Send private message

Thanks, Roeman

 

They have eventually agreed to cancel my contract, keeping the 30% deposit of course!  I really do not know why they suddenly agreed to do this but I had had months of threats - the reality was I did not have the money to complete and maybe they realised this.  I have not come across anyone else in a similar situation on the internet but feel there must be lots.

I am sorry your experience has been so bad, but maybe in time it may come good?

Regards

ClareK

 





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