16 Jan 2010 3:04 PM:

I assume that you are in dispute with the developer and the dispute is not settled.  Proceedings in the UK cannot be issued for an unresolved  dispute in another country.  For a UK agency to obtain a court order, a legally binding decision from the overseas court must be made.  Was this letter from a UK based or foreign based solicitor?

I would also be surprised if the developer has sufficient UK resources to take legal action in the UK.  A case assessment should include consideration of each sides assets and whether they have the ability to pay costs etc.

The implications of not completing are that you should expect demands for completion to be made and that a legal battle will ensue.  You have I assume signed an agreement to purchase the property but without wishing to pry, you need to have a firm argument for not completing.

Judging by what I have just read on this forum, I imagine that there are several arguments that could be adopted although you would need the services of your Spanish lawyer to take this on.

Best of luck to you.

 

Community thread: Corvera Solicitors letter received - Breach of Contract

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