Developer Changes to our Apartment

We bought our apartment off plan in 2008 in the usual way and it is due for completion in the latter part of 2009. We had a family holiday in Spain last October to allow us to visit the site and check on progress. We carefully chose the position of our apartment to ensure we were on the end of the overall development to obtain the best views from our terrace. To explain the layout of the building; the development ranges between 6 to 8 storey’s, linear on plan and has circa 8 blocks - each block on plan having an apartment adjacent to a lift/stair tower adjacent to an apartment. To our shock when we arrived on site the builder had built an additional half an apartment width, over 4 stories) on to the side of our apartment block. It took us a further 3-4 weeks to get a formal response from the developer to explain what this was. The best explanation we got was "we are not sure why the builder has done this but as nobody can access this space on our level other than from our apartment we will give you a larger terrace and a further storage space.

We asked our lawyer what our options were as we felt the developer had changed the basis of our contract without informing us or obtaining our agreement. We asked whether we had the option to cancel our contract and obtain monies paid to date (20% of purchase price). The response was probably not. We would have to go to court to get our money back and the judge would not grant this as we were getting a bigger terrace. Although we are not desperate to cancel I felt a little let down by this advice. I am not legally trained but I felt that this is a major change to the original plan and as it was the developer fault does this not change the fundamentals of the contract. The developer has also tried to suggest we would have to pay for any additional tiling, wall finishes, lighting etc to the additional storage area the extra construction creates.

I would really appreciate any advice on this.

BT

I am doing some coments below in bold green ( I hope they will help) even when so delayed. 

We bought our apartment off plan in 2008 in the usual way and it is due for completion in the latter part of 2009. We had a family holiday in Spain last October to allow us to visit the site and check on progress. We carefully chose the position of our apartment to ensure we were on the end of the overall development to obtain the best views from our terrace. To explain the layout of the building; the development ranges between 6 to 8 storey’s, linear on plan and has circa 8 blocks - each block on plan having an apartment adjacent to a lift/stair tower adjacent to an apartment. To our shock when we arrived on site the builder had built an additional half an apartment width, over 4 stories) on to the side of our apartment block. It took us a further 3-4 weeks to get a formal response from the developer to explain what this was. The best explanation we got was "we are not sure why the builder has done this but as nobody can access this space on our level other than from our apartment we will give you a larger terrace and a further storage space. 

We asked our lawyer what our options were as we felt the developer had changed the basis of our contract without informing us or obtaining our agreement. We asked whether we had the option to cancel our contract and obtain monies paid to date (20% of purchase price). The response was probably not. We would have to go to court to get our money back and the judge would not grant this as we were getting a bigger terrace. That is not legally correct: I mean: the terrace cannot substitute the view unless you agree. You can cancel the contract on that basis.. Although we are not desperate to cancel I felt a little let down by this advice. I am not legally trained but I felt that this is a major change to the original plan and as it was the developer fault does this not change the fundamentals of the contract. The developer has also tried to suggest we would have to pay for any additional tiling, wall finishes, lighting etc to the additional storage area the extra construction creates.

I would really appreciate any advice on this.

 

Hi BT

I know how you feel as we have a similar situation.  We bought a ground floor apt with a pool view off-plan in 2007.  We were on holiday and went to see the apt and discovered that our pool view is now a 12ft Brick Wall.  On the artists sketch which we seen when buying the apt the pool was clearly visible from our balcony.  We are looking on to the wall of the pool about 8-10 feet from our balcony.

Our solicitor told us that if we take this to court we would probably lose the case as this it not a strong enough point to cancel our contract.  We are due to complete this week but we will not be buying this apt.  I dont know what will happen as no one has made contact  with us.  I hope you get yours sorted.  Good Luck

Dear Friendly:

If you keep copy of the publicty, you can claim contract cancellation (refund of all money paid plus legal interests)  or price reduction due to importnat quality difference of the object.

Best regards,

Maria

Hi Maria,

I have a copy of all the publicity.  My lawyer says that I cannot cancel on this basis.  Maybe you can send me details of your partners in the San Javier area as I think I need to change lawyers.

Thanks

We work nationwide.

Thanks,

Maria

Great. Thats good to know