Voluntary dismissal

Thanks spanishsolicitor and Maria.

Maria, I'm just trying to get into my PM facility, I've requested it to be activated.

All the best,

dd

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We have a similar completion issue on which we would appreciate any advice.

We (my wife and I) started to purchase an off plan apartment in Almerimar in July 2005 when we were advised that the completion date would be February 2008 (the resume of the contract received from our solicitors for our power of attourney clearly shows this). it also states that ''should the developer not fulfil its liabilities resulted from the present contract, the buyer may opt between a) to force the developer to deliver the property or b) to cancel the purchase contract and to claim the sums already paid in duplicate''

We added a garage space to the contract in October 2007 but did not agree to any change of completion date. We are now advised that completion will probably be June 2008. In trying to arrange a mortgage we have recently discovered that due to the falling property market our apartment has been under valued by 25%.

 

Is the delay in completion potentially a breach of contract?

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My friend bought off plan February 2006 in Phase 1, me in Phase 2. Both contracts stated August 2008 as completion. She gave power of attorney to solicitor but was given no notice of reecent meeting with notary  to complete. She has now been offerred a much lower subrogation mortgage than originally discussed with builder's bank. Not a single lawyer turned up at notary's office (other buyers in same position with mortgage).
We have just found out that the glossy published document which gave furniture and details of spa, restaurants etc, plus rental guarantee, developer going to operate as a 5* resort complex, are not going to happen. We didn't realise that what was in the SALES document should have been in our contracts. We knew when we bought that a higher price was being charged to have the furniture and rental guarantee but felt it would take a lot of pressure off.
We now find out that there was never a bank guarantee issued to our solicitor (because of some problems with the bank). My friend is now being faced with 6% interest from April for not completing at notary. She has still to sort out a mortgage because the bank is not replying to her emails. 
Can she just withdraw because of the lack of bank guarantee?
I have been offered return of my deposit, but no mention of interest.
Our lawyer was paid upfront, so are we entitled to return of some money paid for legal completions costs?

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Junebar2,

Speak to Maria de Castro, she has often said on this forum that sales literature can form part of the contract as it is these documents that you based your decision to purchase on.

I have spoken to and met Maria and she gives sound advice.

Kel

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