I'm not sure whether or not many EOS members have had the need to deal with Spanish courts during the purchase or construction of the "dream" home. However, I would like to detail a recent experience of my wife and I.

We reserved a plot of land from a developer on a new development close to Benalmadena Pueblo on the Costa del Sol in July 2000. The agreement was that the developer was to build a villa on the plot which would be delivered 16 months after signing the contract.

 

We signed at the notary for the land 26th April 2001. Therefore completion should have been 26th Aug 2002. By 20th March 2002 we had paid 90% of the total cost of the villa.

 

After numerous excuses for delays we finally discovered in June 2003 that the builder would not hand over the keys for our villa to the developer due to an ensuing court case which was raised when the developer failed to pay the builder for some previous work which he had carried out.

 

At this time the lease had expired on the rental property in which my family were living. Seeing as the landlady wanted the property back (she had already extended the lease by a year) we had to move out. The developer had provided accommodation to some of our neighbours due to delays so we approach them to be told that they had nothing available.

 

We had sold our property in the UK to finance our "dream home in Spain", therefore moving back there was not an option.

At this point we went back to the estate agent who sold us the project in search of assistance. Stupid of me to expect any help I know, as they had sold me the project, but I was grasping at straws. No luck there.

 

To cut a long story short we consulted with a lawyer and paid the builder what he was owed by the developer (more than we owed the developer).

 

After getting our keys and moving in the developer came with the notary to request the final payment (which we had paid to the builder).

 

A court proceeding was started, was cancelled by the other party four times before culminating in us finally getting to court on 22nd Feb 2007.

 

On appearing at the court we were told the judge was not going to award in our favour and that if we wanted to proceed then we would get no compensation and would have to pay all legal costs for both parties. My lawyer said that he wasn't too happy about it all but the judge was probably in the developer’s pocket.

 

We settled "out of court" for 6800 euros. For defects alone we had presented an architects report endorsed by the college of architects which valued defects and work not carried out as per the contract to be in the region of 47 000 euros. The delay clause in the contract should have added another 7000 euros. As I am typing this we are having a retaining wall built to the side of our property which collapsed in heavy rain (we have a document signed by the developer and witnessed by a notary to public that states that all necessary precautions would be taken to ensure that this would not happen) for which we have been told that the cost will be between 25 000 - 32 000 depending the extent of the work requires once the construction begins.

A meeting is scheduled with my lawyer tomorrow evening at which he will undoubtedly express his displeasure at the way things went in court but none the less present us with a bill for the last four years legal fees.

 

Apart from all this we're still "living the dream"!!!