15 Apr 2007 4:59 PM:

Miket

From some of the replies I have received it seems that we have had a more straighforward case and as you say our developer seems to have been more receptive to our solicitor.   Our developer was about 9 months late.  Also, a swimming pool that was supposed to be at our apartment block was not there. I was also horrified at all the development all around the area - it was hideous. Our apartment was supposed to have uninterrupted sea views and we had to stand on tip-toes to see the sea! So, all in all, we decided to cut our losses and try and get the deposit back. Everyone advised us against it - saying that the developer had a strong case for being late and we wouldnt have a chance of getting a refund. We found Maria's name on this forum and decided to take a chance on it. She was so positive all the time.

I do wish you well in getting yours sorted. Hopefully you will win in the end it will just take a bit longer.

I also feel like you - I have learned so much about estate agents, developers, the law, mortgage brokers etc etc etc.

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11 Apr 2007 7:15 PM:

Miket

Have you tried asking the advice of an independent solicitor?

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11 Apr 2007 4:40 PM:

Thank you for all the replies and good wishes.

To answer some of the questions - yes, we got an out of court settlement.  We have seen the cheque with our name on it!

Miket - again I must say that you are still perpetuating the myth that it is too difficult to get the deposit back.  The reality is that our solicitor was able to persuade the developer to repay our deposit with interest without going through the full court process - this was on delays alone!!

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10 Apr 2007 3:44 PM:

We have definitely not gone off Spain or having our place in the sun. However, we would do it all so differently the next time.

  ..... just not yet!

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10 Apr 2007 12:00 AM:

I am dancing for joy at the moment as we have just got our deposit back from Coto Real Development, Duquesa.  We wanted to write this thread as we believe there is a myth bandied about that it is very difficult to get your deposit back - almost impossible the myth seems to say - and the hassle is not worth it.

We were initially very worried about going down the legal route, but having read different threads from Maria de Castro on this forum I decided to contact her.  She assured us we were entitled to our deposit back, with interest, and it was really her confidence  that persuaded us to go ahead.

Maria says "...... there is no mystery in getting deposits back.  It is just a combination of whether the developer has breached the contract and having a good, persistent and INDEPENDENT lawyer."

I think it has taken about 6 months in total.  We could have shortened this period if we had taken earlier offers from the developer, but we believed that we could wait a few months (after all we had already waited 3 years) and were then offered the full deposit plus interest.  It was all very painless from our point of view - Maria handled everything and she was always positive that we would get the money back.

So, if this is the route for you don't be afraid to contact Maria or another independent lawyer and let them do the work for you - it is wonderful to see a good lawyer at work!! 

Thread: Deposit returned

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