ADVICE NEEDED - Martinsa Fadesa - forced completion

 In 2006 we put 56k euros deposit on an apartment on Costa Esuri. To cut a long story short the company Martinsa Fadesa went into administration in 2008 and although our apartment was finished shortly after the quality is poor and the company has not delivered as expected so we have not completed. The company should have completed the apartment in April 2007. There is no chance that the property will ever look as it should and as the company is in administration the owners are having to do everything for themselves.

In fact we had pretty much written everything off. We told our solicitor - a local one in Ayamonte to cancel the contract but the company says this has not happened. The solicitor does not respond unless pressed to any email and we have heard nothing for about a year. We have now had a formal letter from MF telling us to complete on the 15th June or they will take us through the courts to recover their costs on behalf of the creditors. Can they force us to complete - we have no longer any funds in Spain and our situation has now changed. I just want to walk away.

Hi CS,

You will probably get alot of acvice here but I think you need to find a solicitor you can trust to help you out, depends what is in the contract and whether you can claim they have broken the contract and sucessfully defend your claim. If you are like most of us you probably did not read the small print and trusted your solictor at the time. Take advice because you can not just walk away or claim you have no funds in Spain.

Probably not what you wanted to hear but don't bury your head in the sand.

Cheers and good luck.

Dear CS:

If there are breaches by Martinsa Fadesa which could back a cancellation by yourself ( lack of quality, squared meters, advertised facilities... or any other)  I would advise you to put an action in Courts for cancellation before they start the action against you.

Best regards,

Maria