Get out clause?

The contract for our apartment purchase at Mar Menor 11 has a clause that states that Polaris shall deliver the property within a maximum of 18months of start of building.  Going off posts on this web site we a now over 18months since work began.  Whilst viewing the show home a few weeks ago I was talking to someone taking photos of everything that was unfinished on the resort as his solicitor was trying to find a way out of the contract for him.  Has anyone any experience/advice on this course of action.

Hi Alfie

The contracts are vague at best (arguably not even legal) and the difficulty is obtaining an actual start date. PW are unlikely to give any refunds unless ordered to by a court. This course of action is costly and can take up to 2 years for the case to even be heard. It is also not certain that you would win - the judge may deem it reasonable for a development to be delayed for a few months, particularly if it is the final licenses delaying handover.

Exercising your bank guarantees may be an option but you would need to prove a breach of contract. It is best to seek legal advice from an independent adviser with local knowledge.

We understand that completions are going to take place very soon (September-October). In fact one or two owners have already completed without the habitation certificates I believe. This resort is likely to be the best in the region when it is completed. I hope that helps.

Having recently snagged properties on this development I would like to add my comments that the development is certainly very close to completion, I have seen the pools roads lighting and gardens finished and I understand the only delay is the issue of the Certificates of Habitation

Rememver that the property is not LEGALLY complete untill if has a COH issued and you do not have to complete

I can also add that the quality of the finish that we have seen from propertues inspected is very good, actually better than we have seen at other Polaris developments

Polaris have a large legal departmemt and a history of successfully defending legal actions relating to completions and I agree with the comments of MGP that the process is lengthy and expensive which the person taking the action, if they loose, having to pick up all of the costs which typically are over €30k

On other sites people have tried to sue and get refunds on the basis on failure to deliver the agreed facilities on day one and lost their actions

There are now lawyers that are specialising in actions against developers, some successfull some not so successfull, because let´s face it they win and get paid either way as nobody offer a no win no fee service

If you believe that you have grounds the best thing to do is start by having anindependant lawyer, somebody with a proven track record in this area, t have a look at the contract and advise you, before you spend a lot of money as an action will cots at least €6k to start

Hi all

As I live on MMGR !  I too have seen the gardens,roads & lighting finished as well as the tennis courts .

The Commercial units just outside the resort have started opening ie Mombasa Cafe

So I am sure it won't be long now.

Acey

Ace Villas Keyholding & Property Management  company

Hi to all,

The clause that estipulates that completion date will be "18 months after start of building works" has been declared null and void by some Courts.

This clause has been declared null and void because the Consumers Law 26/1984 specifically states that a clause in a contract that does not clearly explain when the property will be handed over is null and void, in particular when the completion date is really dependant on the interest of the developer.

Anyone that would like more light on this point, please feel free to contact us.

Kind regards and Merry Christmas!