Breach Of Contract

Hi All

We are buying an offplan property and our contract states completion will be July 2009 allthough the buildings seem to be completed the developer has not as yet been granted the Licences Of First Occupation I am told there is a dissagreement and the town hall and the developer about some infrastructure costs and dont no when it will be granted my solicitor reccomended we wait untill October to see if the L O F had been granted but as yet it has not allthough the developer says it will be soon

We do have a bank guarantee for all the money we have paid(apprx 70,000 Euro) and was wondering if there has been a breach of contract my solicitor seems to think?(I need to no) that there has and reccomends a barrister looks deeper into our case this would cost us around 4000.00 euro+16% vat but if we win 10% of the money recovered is this the normal charge.

I am unsure what to do as this is a lot of money any one with any thoughts would be appreciated

If there is no First Occupation License in Place and the house was supposed to be completed by July this year, you do have grounds for refund of all money paid plus legal interests through the execution of the Bank Guarantee. Initially, in most of the cases, legal fees will be imposed to the loser part.

In these cases you can also complete and ask for price reduction.

Best regards,

Maria