03 Dec 2007 12:00 AM:
Delayed delivery what to do?
The developer is obliged to deliver his home as scheduled in the contract otherwise you must compensate the damages that the delay will cause.
The delivery date must be provided in the contract in a clear and precise way.This is required under Article 5.5 of Royal Decree 515/1989 of 21 April. Consumer protection with regard to information provided in the Sale and Lease Housing.
If your contract does not establish the date of delivery should formalize a Sheet Of Complaints to the same promoter, as such failure constitutes a breach of the rules protecting consumer and can be brought before the competent organ of the Autonomus Community, after the timely processing which impose a sanction to the promoter.
The housing should not be considered until you delivered. Non-receipt of the copy of the license of first occupation and the livability card, in addition to the newsletters hitch to various supplies. Do not accept delivery "supplies of work" That is flawed delivery, that does not have to accept.
The first day behind schedule, ie, in terms begin the delay, send Burofax Certificate and acknowledgment to the developer requiring inmediate delivery in accordance with the agreement or a justification for the delay. While he answered achieved by this method to record its dissatisfaction with the delay.
To calculate the compensation to which they are entitled the first thing you should do is carefully read your sales contract. If it states that the developer must pay for delays, then that will be the compensation to which he is entitled.
If the contract is not expected anything have the right to be compensated for any damages that may prove.For example:
-Expenses incurred for the rental of cother homes, fully justified by the Lease and bank statements or receipts evidencing payment of the monthly rent.
Speding Removal credited with invoice
Expenditure Guardamuebles, credited with invoice
Interest legal representative of the money part of the price that was paid, it is not fair that the seller is left with them.
Damage moral. Some courts are supporters also include damages compensable moral damage, althougt not a view shared by all.
If you are unable to prove any harm or injury then not entitled to compensation. The mere delay is not compensable.
Throughout the duration of the delay you.Must not fail to meet its payment obligations under the contract, or else lose the right to claim for breach involving the delay.
The mere delay is not sufficent reason to terminate the contract of sale with return of the quantities delivered.
Miguel Gastalver Advocate specialist Housing.
Community thread:
At what point can a bank guarantee be executed?
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