Roda Gold - threatening to sue for breach of contract because I cannot complete

Hi,

Is anyone out there in the same position?

I cannot complete on my apartment in Phase 4.  I have accepted that I shall lose my 30% deposit, as per the terms of the contract but they are now trying to envoke clause 1.124 of the Spanish Civil code over the contract to force me to complete, saying that termination of the contract has to be mutual, and threatening to sue for breach of contract if I don't complete.  Latest is that they will take a further 20,000 euros for costs.  Therefore if I agree they end up with the apartment to sell on, 30% of the initial value (much larger percentage of the actual value) and 20,000 euros.  What can I do?

Put your question in the box at the top of the page in the Spanish Lawyers page and they will give you an answer, free of charge.

Sneezey

You have made 43 postings saying the same thing - give it a break!

Some people would just rather use the forum than hand over all there details to your firm.

People can see the box you have paid forand use it if they want

 calrek, contact a solicitor, there are many ways to cancel contracts and you may be able to turn this around, you do need legal advice and i recomend you do it as soon as possible.

Joan

Claire:

I agree with Joan.  Please engage a lawyer, as you may indeed be able to negotiate on this matter. 

Patricia

 Ok point taken

 Any news on this yet ClareK??

 Thanks for all your posts, I think that eventually I am getting to resolving this.  It has been a long hard, expensive, slog.

 Hi ClareK,

I have pm'd you.... Thanks.

Hi Clare,

We had the same problem a couple of years ago, I had three heart attacks and they still would not let me out of the contract.

This was the worse investment I have ever made, all the promises have never been fulfilled resulting in low rental returns because we are on phase 3 and you need a car because there is no access to the Club without going all the way round.

No Hotel and shops, in my opinion will ever get built. All these things had bearings on the price we paid for our property and I will never understand how Roda can get away with this.

Roeman1312

Thanks, Roeman

They have eventually agreed to cancel my contract, keeping the 30% deposit of course!  I really do not know why they suddenly agreed to do this but I had had months of threats - the reality was I did not have the money to complete and maybe they realised this.  I have not come across anyone else in a similar situation on the internet but feel there must be lots.

I am sorry your experience has been so bad, but maybe in time it may come good?

Regards

ClareK