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Arenal Golf - Phases 2,3,4,5 forum threads
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08 Aug 2007 12:00 AM by Paddy101 Star rating. 9 forum posts Send private message

Hi, Has anybody found themselves in this situation with regards to seeking a refund for the non completion of our department in Phase 4. It was due for completion onJune 30th past.

The developer has agreed a refund of the deposit plus 'Legel Intrest' However the agreement states that he is due to pay this Legal Intrest Plus 10% of the deposit sum. Our Lawyer has indicated that we accept this offer as it will have to go to court and delay payment by 8 months. and that the developer may have a good case as to why he was delayed, due to having to engage a new builder.

The Lawyer is also looking to be paid his fee of approx' 3000 Euro's

I am very disappointed with our lawyer as he was recommended  to us and appears more intrested in maintaining a good relationship with the developers that representing the rights of their clients.

Is there anybody out there who has either been in a similar situation with Arenal Golf developers or can offer some advice.

 

Looking forward to a reply

Yours

Pat




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09 Aug 2007 10:10 AM by nodrigoule Star rating. 7 forum posts Send private message

If the amount that you are going to Court for is less than 10,000Euros, I'd say take the developper's offer as the expenses and hastle of fighting in Court for it aren't worth it in my opinion. If it is over that amount, I would say you can go ahead and fight but you have to agree with your lawyer on a cap of his fees as he might be coming to you with an additional fee estimate at each stage of the procedure.

 

 

 




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09 Aug 2007 1:17 PM by Paddy101 Star rating. 9 forum posts Send private message

Client versus Developer & Lawyers - Client on a hiding to lose. !!!!!!!!!!!!!

Paddy101




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09 Aug 2007 2:09 PM by rudman Star rating. 3 forum posts Send private message

Hi

If you are not happy with your lawyer can you ask for a copy of the contract and seek a second opinion? At least you would feel better knowing it isn't your lawyer and the developer ripping you off together, if another lawyer gave the same advise.

Doesn't seem right though because ultimately you are out of pocket for the deal not happening when it should. And the developers haven't been forthcoming with information about when phases will be ready. I think alot more people would have been happier if they'd had been given honest and accurate information. instead of having no idea when work will commence again.

Sorry can't be of more help.

Good Luck. Let us know how you get on.

 

 

 

 




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