Hi
Personally I consider it a good option to consider taking the developers offer as 2 court cases would be very expensive.
Being that late the developer is open to cancellation of the contracts and you may wish to consider this as an option.
The bottom line however is do you want the property and can you afford it
Take into account the present property market in many parts of the world and credit being the real problem and if you are willing to take a longer view then La Reserva is in a good area then why not ?
It will come back and as building is restricted in this area the supply and demand will come back unlike many other areas of Spain
Fact is fact. You will get the habitation licence, There are 50,000 properties in Marbella alone without one and has not been an issue until the corruption raised its ugly head.
All the council did was say STOP ! They didnt even know what was built where and when and simpy have to sort the situation out.
With regards to your concerns about the condition of your property.
There are some lovely posters that live there who I am sure would check them out for you .
Just Dan