Legal help required

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This topic contains 3 replies, has 4 voices, and was last updated by Profile photo of mariadecastro mariadecastro 10 years, 1 month ago.

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  • #52396
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi all,
    I require some legal advice and was wondering if anyone could help me.
    The apartment I am having built is now 1 year over the contract completion date.
    I am wanting to claim compensation for this and the last time I was over in Spain in September I was told that under Spanish law I am entitled to a refund of 3 times the amount I have already paid as the contract has been broken.
    Could someone tell me if this is true or was this person just trying to give me “friendly” advice.
    Any help would be greatly appreciated.
    Regards.
    Mark.

  • #67078
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi,

    I would say that unless you have a clause in your contract with the developer specifically stating this fact , there is nothing that I have ever heard of in Spanish law,(sadly 🙁 ) to uphold that you will receive three times what you have paid so far.
    Do you have a bank guarantee? If you do this will help in your claim. If you do not then your claim will be more difficult. Either way, I think you will need a good lawyer to take your claim through the Courts.
    I am not legally qualified…I just speak from experience.

  • #67082
    Profile photo of Melosine
    Melosine
    Participant

    No one can give the correct advice without seeing your actual contract.
    Suggest you take it to a lawyer.
    If your contract has been broken then you are entiltled to interest when you get your money back…. but 3x what you have paid !!. 😯 don’t think so.

  • #67083
    Profile photo of mariadecastro
    mariadecastro
    Participant

    Breach of contract has several legal actions in the Civil Code. It depends on how. Also, a look on the contract will definitively help, but the Spanish Civil Law is regulating all the civil contractual world even when no statement on cancellation appears in the contract. It is implemented by the CIvil Code.

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