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We were buying a property off plan on Almanzora Country Club.  It is now 14 months overdue and we have decided to cancel the sale and ask for our funds to be refunded.  Fuster Associates - our solicitor s have notified us that their initial fee will not be refunded and we will have to pay them a further E700 for them to act on our behalf in securing our three interim payments on the property.  We would appreciate any comments or observations from people who are in a similar situation.

Hi,

We were in the same boat as you.  We had bought two properties and had to pay Fusters 1400€ for cancelling our contracts.  My personal opinion now is that David Fuster is an incompetent lawyer who is only interested in feathering his own nest.  We now have an independent lawyer and in the process of suing HUMA for interest etc.  I asked if we could add in the money that Fusters had charged us but apparently not because the law does not say that you need a lawyer to cancel a contract.  My advice would be to try your bank manager he might manage to do it and cheaper.

 

Phil Craig

Don´t waste more time and contract an independent solicitor.

Now we are using Abogados Ross and finally we got our bank garanty.

Regards

FRED

Dear Sirs,

I am Isaac Abad, manager of Abad Abogados, a well established Law Firm with offices in Murcia, Los Alcázares and Mazarrón. We are totally independent from any Building Promoter and we have several clients looking for receive back their money from Huma. We have a strong experience in property litigation

In relation with the Legal Fees, if you initiate a Legal Action, that means, suing a company, and the Judge gives you all the reason, the other party will have to pay all the Legal Fees, that means the cost of your Lawyer and the cost of your "Procurador" ( a person required to present papers on Judge), then, in principle, no legal fees would cost you to recover your money plus the interests paid if the Court Desition is 100% on your side. Nevertheless is normal that lawyer ask for a Provisíon of Funds to pay, at least, the cost of the Procurador, because on the contrary they would have to finance your "procuradores".

We can provide free quotation of our Litigation Services, which includes direct relation with succes obtained with the claims. If you are interested do not hesitate to send a personal message.

Best Regards.

 

 

And if the judge decides that Huma are only 90% at fault, then who pays your fees?

Well, that´s really a good question!

In a contract of purchase off-plan the purchaser has no more obligation than to pay according with the payment schedule, and the Building Promotor has the obligation to comply with the construction in a period of time. If it is the promotor who is not complying their obligations and there is no "force majore" cause, or any delay prevented on the contract, the consequencies of the breach of the contract by the Building Promoter is clearly to give back the money plus legal interest and to pay the legal fees of the process. To insure that result you have to notify officially to the Building Promotor your wishes about receving back the money plus the interest.

Therefore, in cases of delaying for not having obtained even the Licence of Construction before the deadline of the completion date, the decisition of the Courts is to charge the legal cost to the promotors. That´s the reason why in real estate litigation, depending the concrete case, our law firm offers very competitives fees taking into account the possibility that the Court would not impose the fees to the other party.

I hope to have been helpful.

Yes it has been helpful, thank you.

 

Mick

 I understand that where Huma have offered to pay the money ( deposits and payments only) back to clients - in the cancellation document , they have included a clause that states " in full and final settlement" which is intended to prevent the client to pursue interest compensation later.

Is this legal?

 

If the documents with those clauses is signed by both parties would be very, very difficult to sue later for the interest. In principle the law states that they would have to pay them but if a valid contract is signed by both parties not including the interest it would become difficult to obtain an interest compensation, it´s part of the commonly called "theory of own acts"...that basically means that one person can not sue against their own acts unless would have been admitted in abusive conditions.

Why shouldn't HUMA be made pay interest on the money if returned?   After all they have had our money for over a year and a half now, and we have had to sufer the loss!.     Why should we be made to suffer further for their mess.   We all went into this in good faith.

Les

Hi

We had a phone call from MRI at the weekend.  Admittedly, it was about another matter but whilst we had someone on the phone we had a chat about ACC.  They are 100% sure that building work will start again in May and that we should sit tight.   I dont know how or why they are 100% sure but if you can hold on it will be  well be worth all this hassle.   If we pulled out now, what would we get for our money?  We're going to sit tight for another six months.