20 Jul 2014 12:07 PM:

Thanks for the reply and the courts involved were local to San Roque and Algeceras which is in the same area that the developer has been building.  I think the ruling you referred to as a recent case that may set a precedent, is where the petition is against the bank holding the deposit?  My case goes back to a time before this and it was the builder that took me to court in the first place and he won both the case and my subsequent appeal.  The only last step open to me is the SC on the point of law, which is does a 6 month delay in construction amount to a breach of contract.  I know I should have acted at the time but I was relying on poor legal advice so now I am in this mess. There is a chance that the developer may want to avoid going to the SC and make an offer to settle.  But by now I have spent a shed load of money on legal fees let alone the original deposit on the property.  You sound very clued up and thank you for sparing the time to write to me.

Thread: Going through the courts to get deposit back from developer

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19 Jul 2014 10:11 PM:

Ads, thank you for that info and I have not had any extension agreed or in writing.  Maria is helping me but we don't know what the SC will decide.  I have lost both the local courts decisions and so the SC would need to overrule these.  I am interested in your points though about having an extension in the time agreed which did not happen.  The other issue is how likely that the developer has the money to return my deposit?  So even if I win, will I lose?

Thanks for your response which is v. useful.

Thread: Going through the courts to get deposit back from developer

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19 Jul 2014 3:49 PM:

Hello everyone,  I have been trying to get my deposit back from a developer for about 5 years and have been through the local courts with no success.  The developer was 6 months late on the build and by then the market was falling and the property had devalued but they still wanted me to complete at the contractual price.  I am in the process of deciding whether to go as far as the Supreme Court for a ruling or whether to walk away from the deposit which is a big sum.  Has anyone else had any experience of taking a developer through the Courts?  I should have got my deposit from the bank guarantee when the builder was late in the first place but I had a useless Lawyer at the time and was not given this advice.  I don't know whether to take the risk of going to the Supreme Court. And would I get my money even then?  Any info or experiences would be much appreciated.  Have a good lawyer now but they haven't got a crystal ball !

Thread: Going through the courts to get deposit back from developer

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