Just thought i'd copy a letter received from Calidona. It confirms that the increase in IVA on July 1st should be bourne by the purchaser. It also states that they have won (2) court cases against default (take that as you wish) and more interestingly states that they would like to reach 'out of court' settlements with purchasers (take that as you will ) Dear customer,
We are writing to remind you that since the summer of 2009, CORVERA GOLF & COUNTRY CLUB, S.L., has a first occupancy permit for the dwelling you purchased in the residential complex CORVERA GOLF & COUNTRY CLUB, in strict compliance with the sale and purchase agreements executed.
The delay in executing the deed that we are undergoing is proving extremely detrimental to the rights and interests of the company I represent. We therefore inform you that unless you notarize the sale and purchase agreements shortly, the company will take the necessary legal steps to defend its legitimate rights and interests. In this regard, we remind you that pursuant to Article 1.124 of the Civil Code and the doctrine of the Supreme Court, the party that has fulfilled its obligations is entitled to claim from the other party compliance with or termination of the agreement together with indemnification for the damage and loss caused in both cases.
We also take this opportunity to remind you that Clause 16 of the sale and purchase agreement (penalty clause) establishes that if termination is chosen, the vendor is entitled to withhold the amounts delivered on account of the final price of the sale and purchase. We must also inform you that the clauses of our sale and purchase agreements have already been declared valid by the Murcia Provincial Appellate Court on two occasions.
The above notwithstanding, the Company seeks to avoid taking drastic measures and would like to reach an out-of-court solution and avoid a long and costly court case which we believe is not in the interests of either party.
Similarly, we advise that the tax increase that will take place in Spain this coming July 1, must be borne by the purchaser, pursuant to the Law on Value Added Tax and the provisions of the private sale and purchase agreement (general clause 5). We are attaching some brief notes on the tax increase prepared by the Tax Department of GARRIGUES ABOGADOS & ASESORES TRIBUTARIOS.
In light of the above, we would appreciate it if you could contact the person who handles these matters for you in order to set a date to appear before the notary in order to notarise the private sale and purchase agreement.
Yours sincerely,