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Does anyone know who sets the date of completion, me or the builder? Our property is due to be finished in June 2006, but as is common "maybe not'. Although it looks on target to possibly finish before (third phase). I want to book a flight as soon as possible to get a cheaper flight, so do I book for July/August and dictate when I am ready to complete, or wait and have to book an expensive flight at the last minute? Help! Brian
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 STOP CYBER-BULLYING
 AND PRACTICE WHAT YOU PREACH
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We were advised when our place was ready for completion & we chose a date. It was then just a case of the agent checking if that date was ok with notary & builder, which it was.
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Still waiting to complete at Casares del Sol - original date Dec 2005. I wouldn't recommend you book flights. We were told Feb 06, then Mar 06, then April 06, then June 06, then I stopped taking any notice what they said. It will complete, and things do seem to be in order. If our experience is anything to go by, just don't expect anything to happen when you are told it will happen.
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San Miguel:
You can ask for compensation due to the delay. You can also cancell your contract.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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mariadecastro
It takes a super duper lawyer (maybe such as yourself) to tackle these builders & agents.
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help - what happens if you cancel a contact and don't complete?
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Maria Decastro
Hi Maria. I'm interested in your recent comment that we could claim compensation. Our developer offered to end contracts as they were in breach of contract with delays to the completion date. We decided to end the contract but the developers took no action. Our solicitor got nowhere and has now told us that we have to complete. This is because the developer refuses to end the contract as the house is now built.
Completion will still not be for another 3-4 months because the developer did not complete the infrastructure of roads and pavements before finishing the houses.
No one has mentioned compensation to us. Can you give some more information about compensation please.
Thank you
Jane
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Jane
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We too have a similar problem with being pressured to complete at Cerros del Lago, Istan after purchasing in 2002 and paying 30% off the purchase price, with completion proposed for July 2005 and now some 18 months later the developers refuse to recind the contract or to grant more time for completion. What should we do and if we cannot immediately complete can we demand more time?
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HI Valerie to my knowledge there is no 1st Licence of Occupation there yet - confirm the situation with your lawyer - which one are you using - be assertive with them. With the current situation in Marbella assuming there is no licence yet (and while I am not 100% I dont think there is) it will be at the very least May 07 before this happens - probably lomger. There are some lawyers suggesting that clients should complete without the licence and I have to say this should not be recommended - I have had arguments with three lawyers in the last 10 days where they are suggesting that the client must be in a position to complete - we have mortgage offers for all three but the valuation certificate in all three is subject to the Tasacion (valuation) having no conditions imposed - in all three there is a condition that the value figure is only good as long as the habitation licence is in place. Get your brief to clarify
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Smiley - patrick@marbellamortgages.com www.marbellamortgages.com www.comparetravelcash.co.uk
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Thanks Smiley, but they have just this month obtained the habitation licence after waiting months and now we have to wait for our bank to complete a valuation and the developers are being very unco-operative.
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Confirm with your lawyer it is the 100% official licence and not deemed granted under "Silencio de Administrativo" (silence of administration). With the current town hall issues I am led to believe that silencios cannot be confirmed. If you are completing with the developers mortgage then they will not necessarily raise concerns with this as they have a vested interest in end users taking over the payments on the finance but if you are going for an external lender it is possible to confirm (through the valuation) that everything is 100% official.
Your lawyer should be standing in your corner and while there is contractual obligation on your behalf they should be insisting the developer gives you time to complete as long as it is within reason but they need to be as assertive with the developer as you do with them. So often they roll over all too easily. Keep trying - tell them you have every intention of completing but give them a specific timeframe that you have in mind.
Rgds
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Smiley - patrick@marbellamortgages.com www.marbellamortgages.com www.comparetravelcash.co.uk
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Again, a breach of contract by developers ( delay, unfinished..) legitimate you to not complete. Just send irrefutable notice.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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I have been rushed into completing on my property but will only be able to snag the day before. Could anyone please tell me whether part of the balance of payment can be witheld to ensure that all the snags are rectified (even 1,000 to 2,000 euros would give me some comfort)- the feedback from the developer is that we can't and we haven't had a response from our solicitor on the subject.
It seems incredible that I'll have to part with all my money and then just 'hope' the developers sort out the problems identified at a later date. I'm not even sure if they have a deadline for rectifying the snags.
Are snags a breach of contract i.e. the property is unfinished?
Any advice would be helpful.
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Rather that holding a deposit for snagging, the guarantee in Spain are the legal actions you have got against deffects. You need to prove fully payment before the Notary and developers, in general, don´t have the practise of guaranteeing you the reparation oif deffects with the holding of an amount.
If you are interested on actions against building deffects:
http://www.costaluzlawyers.es/eng/?p=35
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Hola Maria and everyone,
I decided not to complete because the completion was happening way past the due date:was told by my solicitor that I could, since they had gone past the date but was assured by the developers that they had completed on time.
So, how can I find out what the definition of competion is - having the habitation cert?, building ready? and why does it take three months to go through the process of completion, surely that suggests that they are NOT ready to complete?
Confused,
J
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Even having habitation license, if they are on delay, they are in breach of contract and you are not obliged to complete.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Hi Maria again,
What does 'irrefutable notice' involve? If I don't complete on the property, I will need someone who is expert in Spanish law...
J
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i am waiting to complete on block 8 manilva beach.does anyone know if the 1st licence of of habitation has been issued for this block yet?
has anybody had a confirmation of dates yet
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