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Hi everyone
Thank you all for your continued support and good wishes. Stewart and I are just so pleased with result and now looking forward to completion in a couple of months time. We have been told June/July we are not holding our breath, it could still be later than that, but now we can at least start getting a bit excited again about completing.
Gina, I did also wonder if there could be anyone from development, lawyer or MRI who may read this forum and think that if there was a successful outcome it would mean great publicity for them. Anyhow, all I know is that someone did certainly make a great big boo boo and our lawyer has been able to negotiate and come up trumps. Were they just chancing their hand earlier, hoping that we would be afraid and accept the first offer without protest. Whatever, we will probably never find out.
Rosi n, We do believe the builder was trying it on to get more of our hard earned pennies, like you say there would be some people who would maybe cough up without question - afraid not us! Our next step is to ensure all the correct paperwork is in place for new apartment.
Regards
June
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A fine is a tax for doing wrong. A tax is a fine for doing well.
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Hi June,
Hope everything is going ok now. Going over on Sunday. Anything we can help with while we are over?
Gina
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Hi Gina
Thank you so much for your kind offer - will PM you later!
June
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A fine is a tax for doing wrong. A tax is a fine for doing well.
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Dear All
Since I started this thread, many months ago now, I thought it only right that I not only said a great big thanks for all the support from EOS members but also provide an update.
To give you a brief summary, we bought off plan at a development in Casares. We were told it would be finished by Oct 06 with a contractual deadline of March 07 and the bank guarantee being valid until the end of April. Since the purchase was made over two years ago now and for investment reasons alone, we became concerned when we discovered the development was behind schedule and the property market in Spain was not performing as we expected.
With this in mind we got very friendly with our Spanish solicitor, asked lots of questions from the EOS website regarding our legal position and I can now announce to the world that the developer was in breach of contract and we had no problems having all our deposit money (plus interest, plus interest on interest) returned to us. Yes, it is in my bank account as I type this.
We certainly learnt a lot from our experience and would say to anyone else before buying, get a good Spanish solicitor before signing anything (fortunately we did), learn as much about the developer as you can before committing and be sure of your rights. If it hadn't been for Maria (EOS legal eagle) and our solicitor (who had the same approach as Maria) then we may have been scared off from cancelling the contract, despite having the right to do so due to delays.
I'd like to wish everyone a happy time in Spain as there are many beautiful places to buy there and the majority work out just fine.
Kind regards
Gill Cefai
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Congratulations Gill!
Strength, rights and determination always make victories.
This message was last edited by mariadecastro on 9/17/2007.
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Hi everyone i hope i can get some good advice! i need it! I have an apartment in Dquesa Village which was due for completion in Sep 2007, when i bought the Apartment in early 2005 i was buying for investment and was always going to sell before completion, me being stupid and gulible i thought this would be easy! I now find myself still strugaling to sell and time running out. The Lawyers have told me the apartment will be complete end of december. As this is more then 3 months over the original completion date i asked my lawyers to request to the developer to cancell the deal under breech of contract, they got back to me and told me the developer was not willing to do this but they made me an offer instead, the offer was that they would pay the VAT left in the apartment plus furnish the apartment i was then advised by my lawyers that this was a good offer and that chances were if this went to court i probably would end up loosing due to the minimul delay! Any advice people of what to do as there offer is good but i cant complete so really i need my money back or sell. Any advice would be greatly received. Thank you Simon
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H Simon
Have you registered with the development forum for Duquesa Village? Here is the link (hopefully!!):
If that doesn't work, just search for DV in the development forum list!!
There is a lot of info in there. The offer you have received sounds pretty good and only three months over (if it does actually only take three months) is also pretty reasonable! We were six months delayed (in phase 2) and then delayed our completion by another five months or so, to take us into the new year (so we were not liable for wealth tax). I must say, we bought long term and are very happy with our apartment.
If you really can't complete, for whatever reason, you will probably have to sell - and that isn't going to be easy in the current market. If you really want to pursue getting your money back, then maybe try to contact a different lawyer (unless you are happy with your lawyer). Maria de Castro, a lawyer who posts on this forum, has given lots of members advice on this. www.costaluzlawyers.es/.
See if she can maybe help you - she has helped others!! This message was last edited by Pitby on 10/14/2007.
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I intructed Maria in March this year re late completion/breach of contact in Benalmadena.On Wednesday 10th October,she handed me a cheque for 57,800 Euros being the return of my deposit.In Maria you are in the best hands possible.I cannot recommend her highly enough.
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Yes, Maria has helped so many members. Substitute "she" for "he" here & it says it all. Hope Maria sees it. 
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Hello all,
I am cancelling on an apartment due to delays and problems.
Can anybody give any guidelines on what the legal fees should be for cancellation. I would expect that they would be lower than for a normal completion as the transaction is being cancelled and not completed ? In my case there is no court case or disagreement from the developer side.
Thanks
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Madgolfer80
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Cancellation through an out of courts settlement is in the Cadiz Bar Association ( must be similar in the others provincial Lawyers Colleges) feed 30% of the 100% fee. The 100% fee for claims of amounts are calculated according to a scale.
Know that this scales mark minimums and therfore lawyers are allowed to increase the fees as much as they want.
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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