breech of contract?

Please could someone tell me the developer is in breech of contract.

Th construction liscence was approved, on 17 oct 2005, and registered on 19 oct 2005

on May 16  2005, Document of New work and horizontal Division  was authorised.

X)  Construction of work should be finninshed wothin 18 months from date of compulsory liscence. not including any time for adverse weather conditions or time takn to obtain the habituation liscence.

If handover is delayed due to circumstances beyond keymare controll, parties involved accord by mutual agreement grant automatic extension of up to a maximum of 4 months from date stated in preamble  X, and this circumstance cannot give rise to any right to compensation.

As of end of July 2007 I can prove the developer was not in a postion to complete.

do we have a cause for breech of contract. If so can someone tell me what are the riscks associated with trying to pull out of the sale. ( developer is key mare) could someone also recommend a good solicitor as we dont seem to be getting anywhere with ours. 

This message was last edited by g9lou on 11/7/2007.

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It sounds like you have a good case for breach of contract and suggest you contact maria de castro, the resident lawyer of this forum as she has successfully defended clients.

You can send her a pm through this forum or go to her website www.costaluzlawyers.es

Good luck

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Yes, they are in breech of contract.

As a general rule, the house has to be handed over when stipulated in the contract. And IT WILL BE INVALID any clause to say the handing over of the house is subject to a third party (i.e. the habitation license...) or that it will be between so and so.

The Spanish Law considers these clauses are "abusive" and, therefore, the contract can be reversed.

Feel free to contact us if we can advice further.

Good Luck 

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Dear Glou:

Delays need to be justified ( not all reasons are valid reasons, i.e.- Metheorological facts and strikes are not considered as valid delaying reasons by the Supreme Court), communicated and expressly allowed by you. If that has not happened, if Key Mare has not expressly communicate it to you and you have not expressly allowed any extension, they seem to be in breach of contract since the end of April 2007. I would like to see the contract though.

That 4 months extension clause seems also to be abusive accordiong to standards and doctrine of COnsumers LAw and therefore null and void.


Best wishes,

Maria

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