Hello all
I think this is a very difficult situation for everyone - buyer and developer alike. It is not unique to Bulgaria either, I just heard this afternoon from someone in Dubai with exactly the same problems. Plus Egypt, Morocco and other countries are all experiencing the same.
I agree with SPview, it is imperative that each of you seek independent professional legal advice. Fora are great for sharing things but relying on someone's opinion to make a legal decision, when you don't even know who that person is let alone whether they have the correct background to give you adive, is highly dangerous. Share all the information you can but get your own lawyer acting in your sole interest.
It is all going to be difficult to sort out but my gut reaction is that even if you take the developer to court it will be a long-winded and expensive process. Plus, if at the end of the day, you do get a decision in your favour, it is likely that the developer is a Bulgarian limited company and you would be unlikely to get your money back anyway. There is no point in taking anyone to court for financial recompense if they do not have the means to pay you.
The contract put forward by the developer is the opening start of negotiations with all the buyers. There may be changes in the contract to come... it all depends upon how the buyers react and what you can negotiate. Going in too hard, will only force the developer to abandon, which may not be in your best interests. Negotiation will be paramount here.
Amassing money was probably the point of most buyers too (not only the developer). I think actually now, amassing money is out of the mind of any sane person - it is tin hats on, hunker down and protect for the long-term, which are more the values of today in this current financial climate.
Dannyo, yes buyers may have bought at 1,000 euros / sq.m. but they didn't pay all that money upfront. They paid a percentage. All off plan works in this way, all across the world. The initial deposits are used to keep building to the next stage and so on. If no new buyers keep arriving to eventually purchase all the apartments / villas, then funds dry up for the developer, making completion very difficult, if not impossible. In your estimated building costs you do not add in the other costs which the developer incurrs as mentioned by tidalflow. Nor do you take into consideration infrastructure costs and how many of the total number of apartments have been sold.
Yam600 had a point - the project is nearly finished. Perhaps the delay may work in your favour? The pound exchange rate could well improve by that time and the development completed so you will get the property you wanted anyway?
I don't know the answer. It is a big thing to ponder but I would not be too rushed myself to take immediate legal action. I would weigh up the pros and cons for myself and then get independent legal advice from an honest and trustworthy Bulgarian lawyer. If anybody wishes, they can contact the lawyers who write for us. We have used them on many occasions, both for personal and business purposes, and we can personally vouch for them. They have also acted for visitors to our site and have saved them tens of thousands of pounds.
I wish you all well and hope that things work out for the best for each and everyone of you.
Best wishes