contract changes pre completion
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Hi
Not sure if any other members have come accross our problem. We have a new build on Roda Beach and Golf Resort completing October 2008.
We have just been notified by the developer that they are changing the orientation of the property from south to north east. In addition the property doesn't face the
pool as previously. This is obviously not acceptable to us but our lawyer feels they are acting within the terms of the contract.
Anyone else had similar problems as any advice would be appreciated.
Thanks
David
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This is just my four penny worth but...................
Anyone buying a property who happens to be a keen gardener would be devastated at such a change and so in my mind it is a major alteration.
Why not ask the developer why the need to change the orientation?
Also you could contact the technical department (Spains equivalent of the UK planning department) at the town Hall responsible. Ask what was the orientation on the planning application at the time you purchased and why they think it has been changed by the developer.
It could just be that the 'Southerly Orientation' was just sales pitch and that it was always going to be a 'N.E' one. Misrepresentation is grounds for cancellation, I believe.
_______________________
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Many thanks Sandra.
I will certainly pursue the town hall.
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If you signed a draft of the apartment and of the development, they need to fix to that. Come on!
You can act for price reduction, if you want to keep the investment or even to cancellation due to substantial variations in the object of the contract.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Maria
We signed a contract but not specifically a plan of the development or house.
My preference at this stage is to cancel but given the circumstances above, and the contract clause confirming they can change anything under
"technical" reasons, have we any possible chance of success?
Regards
David
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