Advice required re appeal following case loss

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07 Jul 2011 00:00 by FHS Star rating. 27 posts Send private message

To all lawyers,

Could you please comment on these set of circumstances and give an opinion please.

BG provided.
No LFO in place on contract completion date.
Completion delayed by developer by 12 months.
Pressured to complete before LFO provided.
Court action commenced 4 months prior to LFO being made available and 8/9 months after original completion date as per the contract.
Complex/amenities uncompleted on original completion date and development suffering from ongoing acts of vandalism.
Apparent lack of developer evidence to support force majeure claim.
Does this sound like a case failure to you, or a borderline case?

Is there a strong case for appeal?

Will the appeal be heard by another judge?

What options remain available if the appeal is lost?

 





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14 Jul 2011 10:46 by Sneezey Star rating. 64 posts Send private message

Sneezey´s avatar
I work for a group of solicitors and asked them what they thought of your questions and this is their comment:
 
EVERYTHING DEPENDS ON THE PRIVATE PURCHASE CONTRACT SIGNED WITH THE DEVELOPER AND THE CLAUSES OF THIS CONTRACT. IT IS ALSO NECESSARY TO READ AND STUDY IN DETAIL THIS CONTRACT, AS WELL AS OTHER RELATED DOCUMENTS (SUCH US WHEN THE APPLICATION FOR THE LFO WAS SUBMMITED BY DEVELOPER, AND POSSIBLE NOTIFICATIONS BEWTEEN PARTIES ETC..)
 
WE ARE HAPPY TO MEET (FREE OF CHARGE) TO HAVE A LOOK AT ALL OF THE DOCUMENTS AND PROVIDE AN OPINION.
 
Jose Marbella Solicitors




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17 Jul 2011 22:30 by fazarelli Star rating. 282 posts Send private message

There was a very recent thread started by someone in a very similar position to yourself and the judge of the case said that 12 months delay was wholly justified due to the (fanciful) reasons given by the developer. 8/9 months would seem to be 'reasonable' delay. Also, i think the Judge considered that the claimant simply had changed their mind over buying the property and was looking for an 'escape clause', effectively.

A right bunch of conniving b******s but good luck anyway. We'd all love someone to stick one over the developer trying to wriggle out of their responsibilities.





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