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27 Jan 2007 12:00 AM by rowleyhouse Star rating. 166 forum posts Send private message

Originally when we signed up to the purchase we were advised by our solicitor in the event of delay we could pursue compensation of 6% interest on money held and out of pocket expenses, such as rent costs because we could not move into the property.

We are on phase 7 with an original completion date Jan 08 but built into the contract a 6 month clause taking us to the end of June 08. 

As it is obvious this will not happen we have started dialogue with our solicitor to pursue a compensation claim.

Whilst we were hopeful of this originally, the more we investigate it is clear that the cost of pursing this is expensive we are talking approx 800 euro's in costs and then 10% of the eventual compensation claim.

Our agent has being very good and liaised with their own solicitor who has suggested that we also need to consider the likelyhood of the builder willingly paying the compensation and if this did happen it would be a long drawn out legal matter through the courts which would be expensive and long winded.

We are not at a stage that we think the costs of pursuing v the benefits do not make it cost effective.

In addition to sharing the experience within the forum we would also be intrested in hearing other purchasers experience on the subject.

 

 

 



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27 Jan 2007 1:40 PM by Pauldavidhudson Star rating. 59 forum posts Send private message

Our soliciter is also pessimistic and says the builder will merely blame the town hall. I presume you mean that your original date was Jan 2007, not 2008?


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27 Jan 2007 1:40 PM by Pauldavidhudson Star rating. 59 forum posts Send private message

Our soliciter is also pessimistic and says the builder will merely blame the town hall. I presume you mean that your original date was Jan 2007, not 2008?


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27 Jan 2007 3:53 PM by colandvon Star rating. 17 forum posts Send private message

We have recently received an e'mail from our solicitor stating that Peinsa have informed them that the infrastructrure work on the complex has been positively checked and are able to continue with building work and our phase (Phase 3) now has a scheduled handing over in March 08.

Mention is made of securing repayment plus interest should we opt out of the contract, however if we decide to continue with the purchase and have it executed at the notary thus legally accepting hand over of the house, we will renounce any claim for compensation, which will then depend on direct negotiation with the developer.

Although disappointed with his further delay, we have decided to continue with the purchase but are very twitchy renouncing any claim for  compensation other than accepting delay until March 2008. We would expect the Bank Guarantee to be reissued although reading previous posts maybe not worth the paper its written on.

Has anyone else been asked to renounce compensation and if so was any further detail given.

Colin & Yvonne 



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