19 Feb 2007 8:33 AM:

If the documents with those clauses is signed by both parties would be very, very difficult to sue later for the interest. In principle the law states that they would have to pay them but if a valid contract is signed by both parties not including the interest it would become difficult to obtain an interest compensation, it´s part of the commonly called "theory of own acts"...that basically means that one person can not sue against their own acts unless would have been admitted in abusive conditions.

Community thread: child care

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16 Feb 2007 8:20 AM:

Well, that´s really a good question!

In a contract of purchase off-plan the purchaser has no more obligation than to pay according with the payment schedule, and the Building Promotor has the obligation to comply with the construction in a period of time. If it is the promotor who is not complying their obligations and there is no "force majore" cause, or any delay prevented on the contract, the consequencies of the breach of the contract by the Building Promoter is clearly to give back the money plus legal interest and to pay the legal fees of the process. To insure that result you have to notify officially to the Building Promotor your wishes about receving back the money plus the interest.

Therefore, in cases of delaying for not having obtained even the Licence of Construction before the deadline of the completion date, the decisition of the Courts is to charge the legal cost to the promotors. That´s the reason why in real estate litigation, depending the concrete case, our law firm offers very competitives fees taking into account the possibility that the Court would not impose the fees to the other party.

I hope to have been helpful.

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15 Feb 2007 8:15 PM:

Dear Sirs,

I am Isaac Abad, manager of Abad Abogados, a well established Law Firm with offices in Murcia, Los Alcázares and Mazarrón. We are totally independent from any Building Promoter and we have several clients looking for receive back their money from Huma. We have a strong experience in property litigation

In relation with the Legal Fees, if you initiate a Legal Action, that means, suing a company, and the Judge gives you all the reason, the other party will have to pay all the Legal Fees, that means the cost of your Lawyer and the cost of your "Procurador" ( a person required to present papers on Judge), then, in principle, no legal fees would cost you to recover your money plus the interests paid if the Court Desition is 100% on your side. Nevertheless is normal that lawyer ask for a Provisíon of Funds to pay, at least, the cost of the Procurador, because on the contrary they would have to finance your "procuradores".

We can provide free quotation of our Litigation Services, which includes direct relation with succes obtained with the claims. If you are interested do not hesitate to send a personal message.

Best Regards.

 

 

Community thread: child care

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