Advice needed please

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04 Feb 2009 12:00 AM by kernow24 Star rating. 105 posts Send private message

We completed on a property in April 2008. (Worst thing we have ever entered in to in our lives!)

We have had constant problems since completion.

Initially the snag list did not look to bad, but the developer took ages to complete and only after endless phone calls/emails from us in the UK and our friend in Spain who was overseeing the snagging on our behalf.

Since then there has been major structual problems.  The sewage pipes were laid wrong, which caused sewage and water to come back up through the sinks/shower/baths etc.  The developer had to get workmen in to dig up the floor in the lounge and hall and lay new sewage pipes which took over 6 weeks to do.  Because of the sewage and water the whole house has a major damp problem and all of the walls downstairs have had to stripped back and re-plastered.  These were then painted before the plaster was dry, ending in more mould and damp through out the house from the ground floor to the top floor, even the ceilings have damp/mould on.

The tiles on the two small roofs have had to be removed and replaced because they were leaking, and we are unsure if they still leak.

The back door frame is warped and the door does not close properly.

The air-conditioning ducts are not long enough in the top floor to allow the air-conditioning to work.

These are but a few of the problems which are ongoing.  The list is endless.

We have been paying a mortgage since April 08 and we are not able to get rental for the property.  Most of the front row of houses ( there are 2 rows) have simular problems but our appears to be the worse affected. The back row do not have these problems.

Many of the original people who were going to buy on this site have not completed and the developer has only sold 14 out of 42 houses to date.

We would like to know if we have a right to ask the developer to buy the house back from us as it is a total mess and we would never have entered in to the contract had we know the problems that could have arisen.  What rights do we have as far as trying to get compensation if they will not agree to buy back.  We know that the  houses are now up for sale for approx. 40,000 euros less than we originally bought for at the moment and I do not think they are even worth that with all the major problems.

Appreciate any advice from anyone who has experienced a simular situation or can give any indication on what we can do.

Thanks





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01 Jun 2009 11:20 AM by kernow24 Star rating. 105 posts Send private message

I posted this query back in Februaury and am still wondering if there is any legal advice that could  be given about this situation we still find ourselves in.

Many thanks





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02 Jun 2009 9:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Some comments below in bold green ( same text of your email):

We would like to know if we have a right to ask the developer to buy the house back from us as it is a total mess and we would never have entered in to the contract had we know the problems that could have arisen. What rights do we have as far as trying to get compensation if they will not agree to buy back. We know that the houses are now up for sale for approx. 40,000 euros less than we originally bought for at the moment and I do not think they are even worth that with all the major problems.

 

I would need to see a  technical survey report of the  problems of the development  to see what kind of  legal action you have got here.

Appreciate any advice from anyone who has experienced a simular situation or can give any indication on what we can do.

Thanks

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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