Can anyone give advice? Mum's changed her mind!!

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13 Dec 2007 12:00 AM by debss Star rating. 2 posts Send private message

Hi, I'm new to this forum but it's the only site I've seen that may be able to advice me!  My mum has bought an apartment off plan from Amba sun (She only went out to look at rental properties!)  She has signed the contract, paid her deposit, etc. but now, due to changes in circumstances, has completely changed her mind AND has just found out she can't get a mortgage as was planned.  Amba sun have asked for doctors notes etc. (she's now on anti depressants and sleeping pills due to the worry of it all) but she is worried sick about the contract she signed.  Has anyone heard what happens in situations like this?  Does anyone know what to do next?  Mum sent a letter to the builders and gave her email address but hasn't heard a thing from them - she's supposed to be moving in January !  Any advice would really REALLY be apprieciated. Thank you, Debbie.



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13 Dec 2007 12:04 PM by morerosado Star rating. 6927 posts Send private message

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Hi Debbie & welcome to our great forum. As your mum basically just changed her mind she'll lose the deposit  & may be liable for more as you say completion is imminent !

You should contact Maria de Castro, our "resident" lawyer, she'll advise accurately. She may be able to get around it seeing as your mum now can't get her planned mortgage depending on who said she could. Was it someone Ambasun recommended, for example ?

Contact Maria here

Maria L. de Castro, JD, MA

Lawyer

Director

(click on this link  >>>   www.costaluzlawyers.es )

I'm so sorry your mum's made herself ill over this but she really shouldn't have signed a legally binding contract before her lawyer had checked it & advised her of the implications of pulling out.

I really do feel for her. We had troubles with agent & builder when we bought & I had panic attacks & was on anti depressants to combat these so I do understand her feelings.

Stay in touch & good luck.






This message was last edited by morerosado on 12/13/2007.

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13 Dec 2007 1:34 PM by georgia Star rating in Algorfa (As seen on .... 1835 posts Send private message

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Hi Debs, it really does depend on how much she has paid wheteher it was just the €3000 reserve or a percentage payment.

Was she told by anyone at Amba sun that she would get a mortgage and if so did she get it in writing.

If it is purely down to a change in circumstances,health or just a change of heart then i fear she will lose all monies as it will be bteach of contract on her part.

If she went out looking for rental property why did she end up reserving something and parting with ther deposit??

Regards

Georgia



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www.taylorlandandpropertygroup.co.uk still here after all these years!



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14 Dec 2007 9:36 AM by debss Star rating. 2 posts Send private message

Thank you SOO much to Georgia and Morerosada for replying!  Georgia, she's paid both deposits - 3000 euros to Ambasun and 30,000 euros for the apartment.  She's excepted that she has lost the money.  It was a very expensive impulse buy!!  I've told her to stick to shoes next time!!  The morgage broker was recommended by Ambasun and she has got the mortgage details in writing. 

Thank you Moresada for the lawyer details!  I've written them down just in case !!  I hope you are better now and enjoying yourself in Spain.  In different circumstances, my mum would have been very happy out there!

I've found Ambasun's england branch and will get in contact with them and hopefully get everything sorted out as soon as possible!

Thank you very much for your help, Love Debs





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14 Dec 2007 10:49 AM by morerosado Star rating. 6927 posts Send private message

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Debs, FORGET AMBASUN. You'll never get anything back if you rely on them. IT'S NOT IN THEIR INTEREST, OK ??!!!??

CONTACT MARIA ... DO IT NOW !!   As you have mortgage offer in writing & the lawyer was recommended by Ambasun, you may have a good case. Hope you take our advice seeing as you asked for it. Your mum may not be in such dire straits as you may think.

Edited to add this ....

I've sent Maria a PM asking her to look at your post & advise you, ok ? Stay calm. I'm off on 4.50pm flight to our villa in Spain so won't know what's happening till I return on 6th Jan. You can send me a PM & let me know. Search my posts & click on "send private message to morerosado".

Maria L. de Castro, JD, MA

Lawyer

Director

(click on this link  >>>   www.costaluzlawyers.es )




This message was last edited by morerosado on 12/14/2007.

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14 Dec 2007 12:32 PM by morerosado Star rating. 6927 posts Send private message

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I've heard Maria has offered help.

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