Where are our rights?

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16 Jul 2007 12:00 AM by myne Star rating. 13 posts Send private message

We completed on an apartment in March, which was one year late.  We were told that we had to complete even though the snagging had not been completed and that the builders/deveopers would fix everything within 30 days.

We are now in July, and the snagging is still not complete and we don't know where to go for help. Our solicitors have said that it is nothing to do with them, we have to discuss with the developer.

We have visited, talked, emailed visited, shouted, screamed and almost cried but to no avail.  We are not unrealistic, we will fix some of the smaller things ourselves, but there are some fundamental things, like the fact that the drain access cover in the bathroom has been placed beneach the toilet so that it can not be removed and accessed.  The cooker hood is badly dented, the kitched unit doors are marked and even with cleaning, the marks can't be removed.  There is a huge hole in the living room wall where the AC vent is supposed to be and the windows and doors will not lock.  There is also a list of over a hundred other things on the list, which are smaller, like bad grouting etc which I think we can tackle ourselves, even if we shouldn't have to, but we just want to move on with this it is literally grinding us down.

For every week that they don't do anything we send them an invoice for loss of rental income, which of course they haven't paid, but we are really at a loss for how to get these last things fixed.

Is there a small claims court in Spain where we could take our problem?  Could we get everything fixed ourselves and then charge the cost back to the builder?  Is there anyway to get them to compensate us for loss of rental income?

They are clearly in breach of contract now, but they don't care as there doesn't seem to be anything we can do about it.   Surely we have rights too don't we?

Does anyone have any advice for how we can move this situation forward without costing us another small fortune?

Regards
Myne


This message was last edited by myne on 7/16/2007.



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