17 Sep 2007 11:41 AM:

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 

Thread: Breach of Contract

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12 Apr 2007 10:03 AM:

Thanks to everyone.

I'm now fully up to speed on what I need to do.

My problem was that not only do I need to provide POA to my spanish lawyer asap but my husband is out of the country for a couple of weeks, so I can't get his signature in time to then have it legalised by getting the Hague Apostille and then get this sent to spain before our deadline.

We've sorted it now though, as soon as my husband gets back from China we are off for a day trip to Spain!

Kind regards

Gill

Thread: Power of Attorney and Hague Apostille

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10 Apr 2007 12:00 AM:

Can anyone help?

How do we provide a power of attorney to our Spanish solicitor?

What is the the Hague Apostille which I understand is compulsory for me to provide if handing over power of attorney?

Is it possible to limit the power to certain legal dealings?

 

Kind regards

Gill

Thread: Power of Attorney and Hague Apostille

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06 Feb 2007 2:41 PM:

Dear Maria

Thanks for the advice. It basically sounds as if the law is on our side and we just need to act fast, have a lot of confidence and patience to ensure we are treated fairly and not bullied into thinking we might as well give in!

Watch this space

Kind regards

Gill Cefai 

 

Thread: Breach of Contract

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03 Feb 2007 9:03 AM:

Hi Miket

I'm relatively new to the site, how do I send you a PM?

Fortunately we do have the bank guarantees for all the deposit monies paid and I went through an independant solicitor not linked to the developer. We are having a copy of the contract sent through next week to see if there are any anomolies that we need to know about.

Kind regards

Gill

Thread: Breach of Contract

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