Villa @ La campaneta County of Orihuela

 5 years ago we purchased  a plot to build a villa,which has now been built but not finished,ie no water of electricity and no mains laid on.
  The reason being thet the land was rustic and while you can purchase the land,you cannot build without a licence,we were not told this.
A generator and water tank supplying the other 4 villas are in my garden originally paid for by the builder,he has now disappeared and  left
the site 18months ago the residents having to pay for the water and electricity generator and tank.
To Date we have paid somr 200,000E plus futher costs in this cuuntry,we cannot get the deeds to the land of villa because the builder
refuses to attend the notary with our solicitor to sign them over.
We are stuck in limbo now with our solicitor unable to force the builder to sign the papers,we should have moved in some  2 years ago but
the villa is still not finished to specification.
The builder was Sky Houses with an office in Montesinos,but is now closed.The main contacts were Monserrate Camera Alberola,
and Baltasar Carlos Sanchez Fuentes,they are both very difficult to track down.
My Wife and I are both pensioners and are at our wits end,any assistance,ideas,help,of advice most welcome

Yet another warning to would be purchasers seeking that dream in the sun,out in spain with all the so called legal help you are still  at the mercy
of crooked builders who have complete imunity to the spanish law

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You have got legal rights ( in the Civil Code) to force the buyer to grant the Notary deed.

Your lawyer can start by sending a burofax to the buyer requesting him to appear before a Notary for the granting of the deeds and if he refuses to do so, tio file for a judicial claim for declaration of ownership, public granting of deeds and registration in the Land Registry, basing that action in provision 1279 of the Civil Code.  

 

( free translation of the article)

.-Art. 1.279 CC:”  If Law requires the granting of deeds or any other special legal form to make effective the reciprocal contract obligations, contract parties can compel  each other to that formality since the emission of the consent and related requirements for its validity"  

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Thank you Maria

                         Lawyers have sent 4 Burofax one each to partners in Sky houses and one  each to both offices,no Reply was recieved from
                          anybody.
                          3 months ago lawyers met builder who agreed to  sign over deeds and pay compensation,to date have since been unable
                            contact builders or builders lawyer no one will answer telephone  calls.

                         We held off going to court in hope of a settlement because of the time it takes to go through the court and the costs involved.
                         It would appear that the only way forward is to take clvil action against Sky houses and directors to get a result if they have any
                         money which I think would be most unlikely.

                          On thr Surface  it would appear that I will end up with no Villa and loose the 200,000e i have paid out. another soft target????.

 

This message was last edited by KENW on 5/16/2008.

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