Builder forcing completion ? threatening legal action !

[kc999]

Hi
Could anyone shed any light on the fact that the builder is threatening to sue me for non completion. I paid a substantial deposit in 2006 for an off plan apartment. After a 12 month delay on the build they are now wanting me to complete and pay the balance. Unfortunetaly i am unable to complete, i do not have the money to fund the purchase together with the mortgage they are saying they have waiting for me. They are threatening to take me to court very soon, has anyone had any experience of this ? because trying to get unbiased good information is hard, as the solicitors, agents etc generally have an invested interest in this sort of thing, Thanks in advance

 

[willowtree1]

You will need to seek specialist independent legal advice(unconnected with the developer),It will all depend on what is contained in your contract.every country and the majority of contracts are all different.
You may be in breach of contract if you do not complete and lose your deposit, or it is possible the builder may be in breach of contract for late delivery,these are the sort of things you need to check.
If things do not go your way,your only option is to try and (flip your property) basically sell your property and the contract on to someone else who then completes the purchase with the developer.
This is not a allowed in all countrys and certain contracts may prevent this but most do.Good luck anyway and i hope you get something sorted out.

 

[DC]

I agree with Jack French, you have to see what you have signed and what conditions you have in the contract. your lawyer should support you, alot of developers here are in financial melt down so they are going to take the money where ever they can, and that is with clients that are under contract.

I read the same thing happened with developers in the uk, sueing clients under contract to pay their next payments.

A good lawyer if you need one is Andres Crespo in Teulada, Costa Blanca, you can find him on Dr Crespo & Partners - International Lawyers, SRL . Get good legal advice or possibly and still possibly you lose your deposits.

Sorry to hear that.

As jack says, you may get them on a technicality ie. they are running over and you may be due compensation, it all depends on how tight your contract is, and how much of rottweiler your lawyer is on your behalf.

Or worst case or another case, look at ways of raising finance and completing the contract you signed.

 

[weemick]

forced completion

sounds like same development i am in- medina elvira. if the occupation license has been isssued then builder can force you to complete. however whether he will ultimately is unlikely- it can take years/expensive and may not be worth his while as he will have many people threatening in same way- dont panic and get good advice. with this development there are also likely to be breaches of contract.

if you are relying on the guaranteed rental to fund your investment then you may already know many who have completed already have received nil rental and paid out thousands-

this is a money pit

good luck

 

[Marcus Smith]

Simply, hire a good spanish lawyer

Hi,

I bought an apartment at Medina Elvira 23 and, as time passed and there was no occupation license, I spoke with a friend of mine in Costa del Sol to get some advice. He recommended me his lawyer, who has helped him sometimes with some issues with Estepona's Town Hall and some companies.

I spoke with him and decided to sue the insurance company, ACC. After a few months we had a trial against the company. Everything went well, as my lawyer helped me prepare the trial the day before. Long time passed after we had the official communication, WE WON!!!!!!!!!!!!!!!!. ACC didn't appealed and I got MY money back.

I don't know if my lawyer could help you, but I know he has won many cases like mine against Medina Elvira 23 builder and insurance company, even with the builder threating to sue the buyers if they don't want to complete. His name is Oscar Calvo, he has his office in Estepona (Malaga - Spain). It's easy enough to find out his number and address by internet. Hope this helps!