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24 Aug 2015 12:08 PM by ricois1 Star rating. 3 posts Send private message

Hi all, i need some help please, long story short,i agreed to buy off plan with fidalsa and masa in approx 2000. You all know about delays etc, went to camposol back in 2008 and my hse was a disgrace, tree growing out of the roof, no windows etc, so i refused to pay the last 50%. Masa rep told me they had no money to finish it, spoke to my useless solicitors who said we can start proceedings but could take 7-10 years and way masa going they will be bankrupt. I decided to cut my loses, and lose the 25k. Rather than fight a losing battle at more cost. Well today i receive a letter from a company acting through courts requesting 20000 euro from me, even tho property is still not finished, surely i cant be expected to pay, as masa not fulfilled contract and i believe there is still no deeds for this property Anyone with advice or a good recomendation for a good lawyer will be much appreciated Yours a very worried man

This message was last edited by ricois1 on 24/08/2015.



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24 Aug 2015 12:25 PM by Hephaestus Star rating in The Peak District Na.... 1235 posts Send private message

ricois1,

Do you have legal expenses cover? Before you say no check your UK contents schedule, the  better contracts usually include this. Now I'm not saying that they would take your case on,but it's well worth a try. Are you saying that you parted with 25k without it being passed through a lawyer?

Whatever your answers may be you need a far greater level of expertise than can be found on this forum, good luck to you.



_______________________

I'm Spartacus, well why not?




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24 Aug 2015 12:50 PM by camposol Star rating in Camposol. 1408 posts Send private message

Are you a member of the CRA? If not it is esay tio join, and then you could apply to join the forum online,  where you can get info, and the experiences of others, some of whom may be in a similar situation to you.

as you are aware, many are invoved with solicitors regarding removal of embargoes, and legalisation.

I'm sure they could recommend a good solicitor

I doubt if UK contents insurance will be of any help fighting your case


This message was last edited by camposol on 24/08/2015.



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24 Aug 2015 12:51 PM by baz1946 Star rating. 2258 posts Send private message

Anyone with advice or a good recomendation for a good lawyer will be much appreciated Yours a very worried man 

If you want to Email me privately via this forum I will give you the address of my lawyers / solicitors in Spain, I have used the same ones for many years with all my buys and sells and personally I cant fault them for anything. But never buying off plan.

But be prepared if you did contact them for advice.... For the want of better wording...You might have to expect a few embarrassing questions due to you own admissions on here...Like you bought in 2000 then went back 8 years later (2008) and now it's 2015.

 





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24 Aug 2015 1:16 PM by ricois1 Star rating. 3 posts Send private message

Thanks for replying, i was in constant contact with my solicitors throughout the first.7-8 years inc payment of first 50%, was only once they told me it was complete and wanted rest of money, that i went to view it and saw the state of the property, this was when decided to cut loses, heard nothing from solicitor's or builder for over 7 years now after telling them this, until now when i got the letter about creditors etc. I had moved on so to speak so as you can imagine turned out to be bit of a shock



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24 Aug 2015 8:30 PM by windtalker Star rating. 1822 posts Send private message

Contact the Camposol residents association just Google the email address give them the details of the companys that are demanding payments the CRA will look in to it for you .





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24 Aug 2015 10:33 PM by camposol Star rating in Camposol. 1408 posts Send private message

I have advised the OP to contact the CRA for advice re choosing a solicitor, but I really do not think they will look into it.

They look after the interests of Camposol as a whole, not induvidual private cases. 

Members may be able to point him in the right direction, but nit sort out the problem for it.

They would not be able to take that on





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25 Aug 2015 7:54 AM by acer Star rating. 1457 posts Send private message

Hi Ricois1, You really need not be worried as I believe you will find there is absolutely no problem. 

Under Spanish law the developer is required to provide a Habitation Certificate before the handover and payment of the monies at the notary.  They will not be able to do so and therefore their demand to you now is undoubtedly tongue in cheek, hoping you will be intimidated by the threat.

I can say the above with confidence as I had a similar situation in 2006.  The developer tried to bully me and went as far as issuing proceedings, but the hearing at the notary's office lasted 5 minutes and they with their tail between their legs.  It is a well established legal principle that they cannot demand that you pay the balance of monies unless the Habitation Certificate is in place.  In theory under Spanish law you cannot even occupy a property unless it has one!  As there are no Hab Certs being issued at Camposol you should call their bluff.

So I do not believe you have a problem.  I have used/experience of 3 lawyers in Mazarron, 2 of which are useless, (certainly no pals of mine) there is a third who are a bit more lively and if you send me a PM I'll give you their details, but you may be better off asking Maria who often comments on this forum.

Based on the limited information provided you should consider formally cancelling the contract with the builder and demand your money back as they are in breach of contract by not completing the work within a reasonable time frame.  You don't want to spend too much time or money on this as you are highly unlikely to see any return, as in snowball and hell, but IMHO it's not good to leave these matters incomplete.  Including the fact that the new mayor in Mazarron has a dubious reputation as far as "foreigners" are concerned and you never know what new laws they might concoct in the future.

 


This message was last edited by acer on 25/08/2015.


This message was last edited by acer on 25/08/2015.

_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.



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25 Aug 2015 10:19 AM by windtalker Star rating. 1822 posts Send private message

It was only this month August 2015 that Massa have entered in in to bankruptcy protection so it would be the company's liquidation lawyers that have been appointed by the courts that are chasing you for outstanding money you also stated that you bought of plan( ie) make stage payments to the builder the builder asked you to make a further stage payment and you refused  you could be in breach of contract.

 





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25 Aug 2015 11:43 AM by ricois1 Star rating. 3 posts Send private message

Thanks for replies, i have private message some people as asked,as for payment issues, i paid first 50% as asked, i then signed via solicitor an agreement to postpone the next payment at a small fee and have final payment of 50%, this last 50% is what i refused to pay, would you have paid this money, if you had already been delayed 6 years and on viewing you found you had windows missing, a tree growing through the roof, a 2" crack through centre of the wall with all tiles smashed and on floor? I would of been mad to throw another 46000 quid into it .



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25 Aug 2015 4:05 PM by acer Star rating. 1457 posts Send private message

Massa's liquidator will still have to provide a Habitation Certificate for the property to be able to enforce the contract. 

They cannot do so, so end of story.



_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.



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29 Aug 2015 12:24 PM by mariadecastro Star rating in Algeciras (Cadiz). 9354 posts Send private message

Legal Questions? Speak to Maria Direct

Dear Ricois1:

I would need to read that letter you received before being able to offer to you good/accurate legal advise. Please feel free to contact me privately if you need.

Cheers

María



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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