Breach of contract?

Hi Mike,

On the contrary I think any structaral deviation from the plans is very significant in my eyes. Also because of the shape of the balcony it is a lot to lose. When I bought off plan I wasn't told that the dimensions mite be whats on tthe plans or mite not be. I don't think many people would buy off plan if it was the case.

But I suppose I will have to see how am fixed legally.  Kind regards

Hi all,

I'm sorry but ours is not a happy story. First I would like to say that I do love Spain and wish that things had worked out differently.

 Our house which we were buying through a reputable company  ( I think) and with the help of a Spanish lawyer, was due for completion on 26 December 2006, with the usual clause that it could be delayed for 4 months (April 26 2007). We were renting in Spain at this time and when on May 2 2007 my husband had a massive stroke, there was still no date of completion for the property. So the builders were in breach of contract. I flew my husband home to a Uk hospital at the end of May 2007 and decided in July that  I would inform our lawyer that under the circumstances we were withdrawing from the sale ( there was still no completion in the offing at this point) and we wanted our money returned (83000euros). The builder agreed (or so I was told), since when we have not had a penny. The builder now has our house up for sale, at an increased price. I have until the last few weeks had no help from the Spanish lawyer, but after a series of emails to them I have had a response from a litigation lawyer in the company. He has finally sent an official letter to the builder giving them 10 days notice to return the money.  That was  some weeks ago. I am once again waiting for some response from someone.

If anyone can offer some helpful, friendly advice I would be very, very grateful.

Marjiecheesman

Hi there

Firstly I really feel for you & your husband, it must be such a trying time.

We have a wonderful lawyer called Maria on EOS who advises freely & has helped many when they thought nothing would. She's lifted the spirits of so many & I know she would advise you well & do whatever possible as Maria is nothing short of a miracle worker & I hope, in time, you'll come to find that out for yourself.

Send her an email with the link of this page

http://www.eyeonspain.com/Secure/ForumReply.aspx?thread=3792&dev=FB35&name=Completing%20on%20a%20Property

 & maybe copy your post to her too or give her your post date & time & sitename so she can read it. I'll ask her to come read your post actually. (I'll send her a private message & if she doesn't respond within a day, you email her).

Director of www.costaluzlawyers.es

Good luck.

Thanks morerosado,

I will wait a day and if I have not heard from Maria I will do as you suggest and email her.

Marjiecheesman

If the hosue is for sale and they have not returned your money thet are playing danegerously with double sale crime.

Do you have the written agreement by which they committed to refund?

Have you seen the request your lawyer has made?

The fight needs to be straight forward and strong now after all this waiting time for nothing.

ASk yout lawyer for a defeinitive answer within three/four days and if not start judicial action!

Maria

Thankyou Mariadecastro,

Algeciras looks beautiful! It is wet and cold here in Ireland.

In answer to your questions. No I don't have anything in writing from the builder and I don't know if the lawyer had anything either,or if it was all done by word of mouth. (I understand that the lawyer that we used  initially, no longer works for the company any more, we are now dealing with someone else in the company he is in a different office and it is in another part of the country)

Again No, I have not seen the reqest made by the lawyer but he said in his email to me that he had sent them an ..official cancellation letter.. as one had not been sent previously , he also said that the first lawyer had been keeping things on a  freindly basis but that had obviously not worked. I have pointed out that on the builders web site I found our house was up for sale but he has not commented on that. Initially I was asked if I would sign a paper allowing the builders to resell the property . I did not, my reply was that they could resell the property AFTER they had returned the money, and that is really where the story ended, until my recent set of emails to the lawyer I had heard no more.

I will contact my lawyer tomorrow as you have suggested and we will see what happens.

Thankyou again

Marjiecheesman