help upon minimum notification required from developer of completion

on the 15th april we recived a rcorded delivery letter from a notary dated 4th April, telling us we needed to complete by the 28th April. We have had NO other communication from the developer telling us the unit is ready. This didnt alow us any time to do the mortgage. we are in the process of organising the developers mortgage but the bank is taking their time!

My slicitor says that the developer is willing to wait while the delay is the bank, but that the second the bank have everything in order, we MUST sign as they will be asking for costs from us!.  We do not have a problem completing except that we will be out of the country for twoweeks, and I have said that we cant complete during this period, as obviously we need to be communicating with banks etc- which I cant do whilst on hols . Again my solicitor says the developer will seek costs from us.

Does anyone know what the minimum notice the developer needs to give befor completion, as this seems rediculous!

many thabks

louise

Hi Louise, I wonder if the property was late as your contract would have a completion date on it which you could hold the developer to. If it went over that date & they've just dropped this on you, then I don't know.

We have a lawyer on EOS called Maria De Castro & I'll ask her to pop into this thread for you. Don't worry, there's often a good answer.  

thanks that would be great.

the completion date in the contract was ages ago, but we changed units due to other problems ( we were basically misled), in the new contract the completion date is still ages ago,  in the letter from the notary it says we "must complete 30 days after liscence of first occupation was granted and as you know this was november 2007"  we didnt have the new contract until january of this year, ( and that only happened after I nagged constantly and they got our names wrong on the contract TWICE!),  and nobody told us the liscence had been granted! 

It seems to me that they are very disorganised with their admin, but that we must pay the price!

any way hopefully maria will be able to shed some light on it. As I say, we are happy to complete but it needs to wait untill we return from hols end of may !

Louise

Sorry to hear you are still having difficulties.

If I can do anything to help, please let me know.

Regards

Noreen

thanks noreen

you are so very kind.  It isnt a major problem. as I said we are happy to complete its just a matter of timing. we are going to st lucia to get married so I really dont want to have to check my e mails every few hours!  more importantly ( and it is this that bothers me), there is the practicality, involved, in that if we need to organise to send funds to cover things that we are not prepared for, I wounldnt be able to organise it from the caribbean! 

Other than the mortgage  amount and taxes/ notary was there any need to put money into an account to cover sundries if so what and how much should cover it. The problem also is that  we dont even have a spanish bank acount to put money in it!

oh the joys!!  I am sure it will work out. I am a lot calmer now than I was 48 hours ago. It may be hysteria!  They're coming to take me away ha ha!!

speak with you soon louise

thanks Maria

that is worth knowing.  What exactly is this provision ?