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We put a 30% deposit on an off plan property in Elveria. Because of the corruption and irregularities with the building and planning in Marbella we have insisted that the First Ocupation Licence (FOL) and any other documents are in place before we sign the title deeds. However, our developer has decided to threaten us with paying his mortgage (11000 euros) if we do not sign on a date decided by him, although we are willing to sign when all the documents are in place. We are also being threatened with water,electricity, community charges for the last two years which amount to 4000 euros. The development should have been completed in December 2005. These conditions were never in the original purchase contract which we would not have signed if they were there. The developer maintains the delays in producing the documents are not his fault and we as the purchaser of the apartmenty must pay these charges. Can the developer legally do this.
We would appreciate anybodys input
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Is your lawyer one your agent or developer suggested ? Then, get rid & employ one who is your choice who will work for you alone. It is blackmail & you are right to question it.
In EOS I think most would agree we members pride ourselves with helping anyway we can. You won't be without our help, It's nowhere near as black as it sounds.
We have an excellent lady member here called Maria de Castro who looks in regularly, she'll help, I'm certain. (Do not despair, Crofter.) Good luck. Let us know the outcome please.
Her details are here >>>
Maria L. de Castro, JD, MA.
Lawyer
Director of www.costaluzlawyers.es
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If you have a decent solicitor, I would imagine he/ she will laugh these threats off. I can't see how anyone can be expected to pay for services that weren't provided, especially if you didn't even own the property/ it wasn't completed. I know that when buying a property you have to make sure there are no debts registered against the property otherwise you become liable, but surely your solicitor will make sure it is a clean slate?
Mark
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Thank you very much for your speedy input. We were having thoughts along these lines. Our solicitor is not attached to the developer as far as we know but she is very reluctant to take any action or upset the developer. We have already emailed Maria Castro and we are going to contact her again with a view to acting on our behalf. We hope it all gets sorted out soon as it has been a very unhappy experience for us for the past 4.5 years. Now with the threat of court action and paying his mortgage interest etc this has made it even worse. We know there must be others in the same position who have paid their deposit and are waiting for completion documents.
Regards
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Thanks Markfish. We thought that should be the case. However our solicitor doesn't seem to be overly confident and is giving us no reassurance regarding the legal position. We will be seeking further legal advise.
Regards
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Just reading the post again, the development is already 2 years late for completion, is that correct? Surely, the builder is in breach of contract? In which case, rather than completing, it seems you have a good case for pulling out of the sale and demanding all payments, plus interest back. Maybe it could be "suggested" to the builder that this could be the case, or potentially you will be counter suing for compensation for late completion?
Obviously I am no lawyer and this is Spain after all, where the rules seem to change as and when they feel like it. Hopefully Maria will be able to sort out your problems though, I believe she has a very good "no nonsense" approach and a good track record when it comes to recovering monies paid, should it go that far.
Wish you luck.
Mark
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Our solicitor told us under spanish law the developer can only hold the resivation fee if you cancell all other deposits must be returned this is the law which overides any contract a bit like uks consumer credit act 1979.
Good Luck
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You need to speak with an independat lawyer about this. Everything in Spain is dependant on each case and information to it. I have heard the same thing happening and people are fighting it - on the face of it the delay is not your fault, but if it is the town halls fault then really the developer should take issue with them!
Get advice asap and do not complete until you know you are in the clear, otherwise the developer may take legal action against you at some stage
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Quite frankly m'dear, I don't give a damn!
www.herbalmarbella.com
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Ofcourse they cannot, but often clueless brits bend under the pressure. As others have stated, get an independent lawyer and sue them for your deposit. You have a legal right to get your money back if they cannot complete the property (completion includes the first occupation licence). If your property is en Elviria and does not have the first occupation license, it is because it is illegal. Get a legal property somewhere else cheaper, if you insist on buying from a collapsing market.
http://www.elpais.com/articulo/economia/inmobiliarias/preven/caida/precios/2008/perdida/empleos/elpepueco/20071213elpepieco_5/Tes
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Steve & Hayley
Wouldnt be Las Sabinas would it? by the Don Carlos?
JT.
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