31 May 2010 12:00 AM:

LFO issued February 2008 but we have not yet completed.

Property has basement which floods following heavy rain. Builder has taken various measures (as detailed their technical architect) to attempt correction of damp/flooding problem but problem persists. Also, in dry weather, the basement walls read 'damp' on a hygrometer (damp meter).

I understand that one of the conditions for LFO is that the building is waterproof and watertight.

Can application be made to the Town Hall for the LFO to be revoked? Can be builder/technical architect be held liable for costs we have incurred due to delay from this problem

 

 

This message was last edited by molar on 31/05/2010.
Thread: Can a Licence of First Occupation be revoked?

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03 Apr 2008 8:21 PM:

I understand that the assessment for compensation is predicated on a need to prove effective financial loss, there is no formula and that effective financial loss would be, for example, loss of anticipated rental income or by cancellation losses for cancelling removals companies and things of that nature?

If we had purchased in October 2006, as per contract, the final payment to the promotor would have been £162,000 (£1 = €1.47) against £185,187 (£1 = €1.28) now  .... a difference of £23,187 ... and a not inconsiderable sum!

Can this financial loss be included for for compensation as the loss is a consequence of the delay in completion due to contract over-run by the promotor?

Harry

Thread: Contracts, Lawyers and Compensation

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02 Apr 2008 11:41 PM:

Further to our posting 14 August 2007 - Contracts, Lawyers and Compensation.

From the advice we received from this board, TRG and others, we commissioned a Technical Architect from Marbella and also moved our solicitor to a firm in Marbella.

Our basement has now been tanked externally and is dry: the house is essentially complete except for minor finishes and snagging.

We have had an email from our solicitor informing us that the First Occupation License was issued to the promotor on 12 March 2008 and that she is awaiting sight of the document ...  it looks as if we are all now ready to proceed to completion.

However, one final hurdle remains ..... compensation for the contract over run from 6 October 2006 (contract completion date) to April 2008 or whenever the completion date will be.

We have suggested that compensation 'in kind' would be acceptable,  eg pool, walls etc, as this would maintain the purchase price of the property against future Capital Gains calculations. This method has been used by the promotor to compensate other purchasers or as inducements not to withdraw from the purchase.

Our solicitor writes that it would be unlikely that a figure of €18000  would be exceeded for a delay of one year. As the over-run on the contract is now 1.5 years, does this mean that compensation is would be increased pro-rata?

We have had no communication from the promotor explaining the cause of the delays or requesting a contract extension and have not formally agreed to this contract over-run. We have accepted it rather than taking the litigious route for refund.

Is there a formula re compensation over a given over-run period?

Can anyone advise how compensation could be calculated?

Hopefully

Harry & Mary (aka molar)


Thread: Contracts, Lawyers and Compensation

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19 Aug 2007 10:16 PM:

Sorry ... can't help you with Spanish Building Regulations in English. Earlier this year we commissioned a Structural Surveyor to inspect the property who told us that "tanking" was a requirement for below surface builds in Spain.

Thank you for your thoughts re "tanking" - that confirmed our own findings.

We are changing solicitors!

Molar

Thread: Contracts, Lawyers and Compensation

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14 Aug 2007 6:55 PM:

Many thanks for that information - that is very helpful.

We have read through many threads on this site and thought that the delay would be a reason for compensation or for cancellation.

We have gathered much useful information from your postings and from other's postings.

It would seem that our lawyer is not giving us appropriate advice or support .

Should we find another lawyer or is there any way we could get our solicitor to act in our name?

Many thanks

Harry & Mary (aka molar)

Thread: Contracts, Lawyers and Compensation

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