El blog de Maria

Paul said:
Wednesday, July 9, 2008 @ 4:04 PM

Good going Maria. You lot are absolute stars. Keep going, don't stop.

Sandra said:
Wednesday, July 9, 2008 @ 5:03 PM

As Jimmy Kranky would say,
"That's just fandabbydosey!!"

Keep 'em coming Maria.

Who's Ignacio? Your brother?

Louise said:
Wednesday, July 9, 2008 @ 8:23 PM

Ignacio sounds indeed like a true master of this 95% is fab.Just out of interest does the court win always result in the desired outcome for the off plan purchaser IE does the party in breach actually do what the court tells them or do they usually appeal,perhaps the 95% is on appeals in which case more power to you all go for it.Perhaps if other law firms were as honest about their success in court people would find it easier to choose between firms.

Adam D said:
Thursday, July 10, 2008 @ 1:33 PM

Hi, I don't know if you can be of assistance? I purchased my apartment off plan and the completion date was late, as typical of Spanish builders. On completion the developers demanded settlement but I was not happy to do so until I had the snagging report completed. After a long battle I was forced to settle and pay compensation to the developer in the form of interest from the date they deemanded settlement. The snagging report found a large number of defects and non satisfactory conditions with the apartment and only now, almost a year on are these rectified. I have not been able to tennant the propoerty due to this. Is there anything I am able to do to recover either the interest I had to pay the developer at the start or compensation from the developer for the length of time it's taken to rectify the snags and loss of income through loss of tannancy? Many thanks, Adam

Michael L said:
Saturday, July 12, 2008 @ 8:10 AM

Hi
If a developer has to be taken to court to get your deposit refunded due to of plan development not being completed on time.Who pays the court costs.Is it the loser of the case .Or do you have to pay your own costs regardless of who wins.

Maria de Castro said:
Saturday, August 30, 2008 @ 8:38 AM

Adam D: Yes, you have got an action for compensation of damages

Michael: Judges very frequently impose legal costs on developers in these cases.

elaine said:
Thursday, September 11, 2008 @ 11:26 PM

Is it true that a developer can force us to complete on an off plan property?
The contract states that in the event of non-completion on the part of the purchaser the vendor( developer) keeps all monies paid todate( 30% of the purchase price, which the developer has had for 2-3 years, in my case ).
Some EOS forums are discussing this and one contributor says that there is a legal loop hole which will allow the developer to take us to court for the full purchase price and win.
I would be grateful for your comments and/or direction to some expertise in this particular area of spanish law. Thanks

Maria said:
Friday, September 12, 2008 @ 6:21 AM

Elaine:

I would need to see how your contract is worded to make a valuation of your cancellation rights.

I would be pleased to take a look, please email it to us at: mldecastro at coataluzlawyers.es or marialuisa at costaluzlawyers.es

elaine said:
Friday, September 12, 2008 @ 6:28 PM

Thank you I will do as you suggest, the email is on it's way to you

bernice@robinson2503.fsnet.co.uk said:
Tuesday, September 16, 2008 @ 11:06 PM

Hello Maria, I purchased two off plan properties with Finca Parc on the development of Las higuericas, Agramon, Castilla la Mancha 2.5 years ago. The building license ran out one day ago and I have 15 days to contest the contract and ask for the deposits back. It states in the conract - the english version - that if they complete after the license date in the contract, which it will, then deposits will be refunded but if it's delayed because of planning and the town hall etc then no monies can be refunded. Would really appreciate some advice please, I do have my bank guarantees for both properties €26,500 on each and recently I did received my pre-off plan deposit back of €9,600 with the same company for a golf resort which had the planning knocked back by Hellin Town Hall, no problem with that one we all had the choice of money back or let it ride, but that would be another 2 year wait, many thanks and think you do an amazing job! Best Regards Bernice.