Delayed Completion

Has anyone obtained a compensation payment from the developer due to the 18 month or more delay in completion?  Or has anyone looked into this possibility? I have asked my solicitior in Spain to look into the matter,.

I paid my deposit way back in August 2005 for an estimated completion date of October 2006.  I expected some delay in completion, after all this is Spain. I have now been given a completion date of March 2008 for phsae five. Most likely this date too will be put back making my original completion date possibly two years late.

Like you we also paid 50% deposit in July 2005 and was told completion would be October 2006.

We asked our Solicitor last year to ask the builder if he would install the white goods as a way of compensation for the long delay, his reply was it wasn't the builders fault and therefore we were not entitled to compensation.  We didn't take it any further, but if we all united on this who knows?.

Frank and Pat

Frank and Pat

My thoughts exactly. I don't see why the developer should have £70,000 of my money for what could be quite easily two years or more. The developer crying "it's not my fault" isn't good enough. My contract is with him. Someone has received the interest on my money for all this time.equating to about £7000.

I think if we can get enough names together we may be able to achieve some result in our favour, it is certainly worth a try. As I have previously mentioned I have contacted my solicitor AG2 Asesores in Spain concering this matter. To date I have not had a reply.

Looking through the sales contract I note that white goods are already included in the price. My thinking is

• Cash Refund or
• Good Quality Furniture Package

Regards

Mike

This message was last edited by Cuando estara listo? on 8/23/2007.

Quote from Rowlehouse 31 Mar 07

"Since we reserved 2 years ago, builders specification on basin's to bathrooms, vanity units and kitchen's have been re selected - probably due to lengthly delay however, builders are suggesting upgrade as a thank you for the long wait buyers have had to endure!  We saw photo's of the new design's and they certainly don't look poorer quality and bring the design's up to date."

At least the builder is maybe thinking about the lengthy delay and maybe offering an upgrade in bathrooms and kitchens. I would want to know the true value of this upgrade before I would deem it acceptable. Somehow I very much doubt the value of this upgrade will be anywhere near the compensation I shall be seeking.

I suggest we get together a list of names interested. There is power in numbers!!!!!

So far names are :

Myself and fmq. 

Please add your name to the list and/or your thoughts.

This message was last edited by Cuando estara listo? on 8/23/2007.

We are buying on Phase 2 & have been waiting since 2005 our soliciter also told us that we would not get any compensation.I agree that they could at least include the white goods or even the air conditioning or maybe both.I cannot understand how some buyers have been told that the white goods are included it is not in our contract & surely everyone should be treated the same.Perhaps we should all now contact our own soliciters & they may then relay our feelings to the builder who knows they may even listen. After all our soliciters should be representing our interests not the builders.

Sue & Brian

Hi Sue and Brian

Having read your post concerning white goods, I re-read my contract and the quality list attached, maybe I missread. I quote from my quality list "kitchen furnished with white units"  My sincere appologies for the missunderstanding, it appears no white goods.

Even though the solicitors say no to compensation on an individual basis, I think on mass we may have a better chance, even it  means engaging a solicitor to deal with this issue alone.

Mike

Hi all

The list of people interested in some form of compensation for the delay in completion is starting to grow. I honestly don't know where this will lead but I can't just sit back and let someone else benefit from the money I have deposited in good faith for a purchase I have made that has not come to fruition within the specified time scale.

We now have myself, fmq, di55pink alias Diane and Richard, and Curtis

Mike.

Hi,

We are on ph5 & I would be happy to join any merry band of complainants, I know people expect delays & there were problems with Pulpi etc but a delay is a delay and Peinsa may just be `sensitive` enough to consider some `good will` gestures.

We are going out on Sept 9th so I will see how the land lies.....

On the positive side...the latest pictures are very encouraging me thinks.

Cheers,

Roger & Stella

HI

We are buying on phase two which was due for completion last October 2006.  So about 18months late if all goes to plan.  We will certainly  join a list asking for  possible compensation, but have consoled ourselves with the delay as it did reassure us that all licences were issued before building started, and when we visited  pipes were being laid and roads/pavements completed.  Also the building carried on through August so it does look positive now at last!

best regards

Sue and Michael

 

 

 

Hi Everyone, I too have looked into the possibility of claiming compensation but unfortunaltely under Spanish Law if the delays are due to factors not under the control of the Builder there is no redress. I am aware of other buyers on CDP who have investigated this issue with their solicitors and we have all had the same reply:

If it is not the builders fault you cannot claim, there are many lawyers out there who will tell you differently but my advice is don't bother, there is no such thing as 'No Win No Fee' in Spain and they will gladly take your money! The last thing you need is to start a law suit in Spain it will cost you dearly. Best Intentions KP

This message was last edited by KP on 8/24/2007.

Hi all, Thanks to KP for his words of wisdom. It appears he has some valid points. I have just received a reply from a solicitor regarding the delay of another property I have purchased in Costa Blanca. He confirms that under Spannish law it has to be proven the builder is at fault for the delay in order to make a claim for compensation.

 Getting a list of people together and contacting the builder direct may produce a result. Any thoughts?

 Roger might glean some info when he goes out on the 9th Sept and see what we can do then.

Regards

Mike

 

I was talking to my UK agent today & she is very much `on the ball`....she said compensation payouts are rare in Spain however,  when a number of people get together & are headed by a solicitor she reckons companies are more likely to offer some compensation. So all we need is a solicitor, I suppose we could engage one but that could get a bit messy...any ideas.

Cheers,

Roger

Hi All,

 

We would also put our names to any list for compensation and again maybe the supply of white goods/air con would at least be a goodwill gesture as they have amounted a large amount of interest from our monies left sitting in their bank accounts!

yep!

we are of the same opinion that a law suit could go on forever and be costly!

however!

 some sort of goodwill should be expected from a big firm like peinsa!!

our deposit of £66000 would have made approx £3500 net in ing since oct 06

count us in!!

dave & celia

OK...so where do we go from here? I`ve emailed my solicitor in Spain but not heard back yet (no suprise there then) if you like I will post an email address where people can send their particular details, house/phase number, completion date promised etc. I can then compose a covering letter and send it to the head of Peinsa. I think we should, at this stage anyway keep it fairly friendly suggesting a good will gesture would be `welcome` and so on, we don`t want them taking short cuts to pay for any pending legal costs do we?

If people want me to do this I will email a copy of the letter for everyones approval, I still think it would have more clout if a solicitor was involved though...any ideas....?

Hi Roger

Im with you on that - lets have the email address

Sean

 

Please send us a copy of the e-mail.

I dont think it is unreasonable to expect something in return for all the interest we have lost, after all it is our money!!!

We paid 50% deposit in October 2005 with a promise of October 2006 completion.  I am glad someone is taking the initiative to act.  We are with you all the way.

 

 

 

Hi All,

I think Rogers idea is good,  Please send me the e-mail address. I approached my selling agent to get some info and when I said about the amount of interest someone is getting and I want some form of compensation, his reply was "well the property is going up in value, you can't have it both ways" . I bought as an investment therefore I am now losing out on 2yrs of rental income, and it is holding me back from further investment.

Reading through this thread, the support is growing for some action. Lets take the bull by the horns (excuse the pun) and see what we can make happen.

Hi everyone

We expected October 2006 completion.  We would also like to receive the email and support this request for possible compensation.

count us in

Sue and Michael

This message was last edited by helier888 on 8/30/2007.

Hi there

Count us in to

Sue & Brian