off plan contracts

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This topic contains 14 replies, has 6 voices, and was last updated by Profile photo of Anonymous Anonymous 11 years ago.

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  • #51353
    Profile photo of Anonymous
    Anonymous
    Participant

    I paid a deposit through a company called Coinal in Almeria for 2 off plan apartments in the same block. In the reserve contract it said to return to fulfill the sales contract in November. During this time I contacted Coinal to say that I only now wished to purchase one apartment not two as they were so small & no kitchen or other furniture was included. I wanted to transfer the deposit to the other apartment and complete the sales contract. When my husband visited this week the only option we were given was a 6 month extension on the original reserve contract of the apartment we do not wish to buy. For the other apartment we were given a Spanish sales contract which did not include materials and what was included in the price, it was also not on headed paper of the builders which are called Progall and finally my husband was told that the person who was supposed to sign the contract was away but we should sign it and pay the first instalment of 9,000 euros. I was uncomfortable with this and told them I would pay when I have received a proper contract signed by the correct person. Incidentally the contract was full of charges and restrictions should I the buyer not comply but said nothing about if the seller pulls out. The company are all Spainish people and there is also a slight communication problem as I don’t speak Spanish.

    I have no lawyer & do not know my rights or if what they are doing is correct. I smell somehting is wrong but I don’t know what. I have actually seen the building work & other completed work which I was told was by the same people.

    Please please anyone help and advise.

    Thank you so much:)

  • #59817
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi, from experience (my problem is the aborted purchase in murcia), do not part with any more money until you have spoken to a lawyer. You do need one from the outset (we didn’t to our cost) I wish i had walked away and just lost the deposit. If things are not good from the beginning they have a high chance of not ending well.

    We now have an english lawyer who is part of an internatinal group with branches all over spain. I can’t really say he is wonderful yet as we have not yet received our money and are now waiting for court action, (costs rising ) but we certainly could not have done anything ourselves as everything is in Spanish and we don’t know the laws of the land.

    Think very carefully before you do anything else, be very cautious and take professional advice.

    Also keep your chin up, getting down doesn’t help either, i’ve been there.

    🙂

  • #59642
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi, from experience (my problem is the aborted purchase in murcia), do not part with any more money until you have spoken to a lawyer. You do need one from the outset (we didn’t to our cost) I wish i had walked away and just lost the deposit. If things are not good from the beginning they have a high chance of not ending well.

    We now have an english lawyer who is part of an internatinal group with branches all over spain. I can’t really say he is wonderful yet as we have not yet received our money and are now waiting for court action, (costs rising ) but we certainly could not have done anything ourselves as everything is in Spanish and we don’t know the laws of the land.

    Think very carefully before you do anything else, be very cautious and take professional advice.

    Also keep your chin up, getting down doesn’t help either, i’ve been there.

    🙂

  • #59819
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi,

    The first thing you must do is get yourself and INDEPENDANT LAWYER one who isn’t associated with the builders.
    As in previous post do not pay any more monies out.
    Take whatever paper work you have to your chosen Lawyer, but don’t sign anything, if in doubt don’t.!!!!!!!!!

    I suggest you read some of the posts here regarding solicitors etc you will find them very informative and helpful. There is a person on here called Draken who gives sound advice. Also Mark the site administrator may be able to give you a list of reputable solicitors.

    Use the site!!! I wish I had found this site before we charged ahead with our property purchase which has been very stressful for us, as has left us with a house which is not legal we are still trying to sort this mess out. I too don’t know where to turn.

    I wish you well .

    Axwhale

  • #59646
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi,

    The first thing you must do is get yourself and INDEPENDANT LAWYER one who isn’t associated with the builders.
    As in previous post do not pay any more monies out.
    Take whatever paper work you have to your chosen Lawyer, but don’t sign anything, if in doubt don’t.!!!!!!!!!

    I suggest you read some of the posts here regarding solicitors etc you will find them very informative and helpful. There is a person on here called Draken who gives sound advice. Also Mark the site administrator may be able to give you a list of reputable solicitors.

    Use the site!!! I wish I had found this site before we charged ahead with our property purchase which has been very stressful for us, as has left us with a house which is not legal we are still trying to sort this mess out. I too don’t know where to turn.

    I wish you well .

    Axwhale

  • #59837
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you for your support and advice axwhale.

    I am not sure whether to get an independent lawyer or just to walk away now.

    Drakan I would also appreciate your advice.

  • #59840
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi again,

    If you are to consider getting a lawyer, bear in mind the legal costs. You will quickley run up a bill of €6000, so it will be counter productive.

    Jane1

  • #59872
    Profile photo of Anonymous
    Anonymous
    Participant

    Unfortunately no one can give you any concrete advice on the situation without actually seeing both the document relating to the reserve payment and also the contract you have been asked to sign. I have just returned from Fuerteventura where the 4 Spanish companies I manage have signed a contract with a Spanish development company. If you would like me to review your documents, with no commitment whatsoever from your side, my e-mail address is terryhelvetia@aol.com or fax me on 0044(0)2076258084

    Best Regards

    Terry English

  • #59880
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Fed up.

    It’s very hard for me to give an opinion without reading the contractual stipulations.

    However, they do seem pushy. I don’t like what I’ve read so far.

    If you place two non-refundable deposits for two properties and then try to pull out of one, youy normally should lose the complete amount of that deposit. That’s standard practice in Spain, France, Italy etc…

    I would strongly advise you to PM matrk, the forum administrator, and get him to recommend you a good unbiassed and independant Spanish lawyer. You cannot, being a foreigner, enter into contracts in Spain without good legal advice.

    I would advise you to seek legal advice asap.

    9.000 Euros is alot for a deposit I think, being the norm 6.000 Euros.

    As someone posted beforehand, If th¡ings are not going well from the outstart they’ll most likely turn even worse at a later stage.

    how can you possibly sign a private contract without the materials specification and quality employed etc… far too many loopholes I’m afraid.

  • #59883
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi it’s me fed up! forgot to log in.

    Jane 🙂

    Thank you for your comment, that is what I was thinking.

    Terry 🙂

    Thank you also for your offer. really the contract is nothing more than payment details, a clause which stops me from visiting the site or speaking to builders and a clause which charges me 9% interest if my payments are delayed.

    from reading comments in this informative site I now realise this is not good enough.

    Drakan 🙂

    Thank you too.
    The amount of deposit was 6,000 not 9,000euros.

    The reasons I am began this without a lawyer is because a few estate agents told me one was not needed for off plan. Naive I know! and also because I studying to a degree in law here I kind of feel I should be able to do this by myself.Obviously not!

    Here is my proposal, what do you think if I request in writing that the contract should be amended to include clauses to protect myself the buyer, to include a copy of building licence and also materials etc to be included in the contract before I proceed?

    One other thing, my deposit contract stipulated that if I did not go to Spain to sign the sales contract in November I would lose my deposit. I did go but the contract was not ready because the developer was not there to sign it. Do I have any legal rights here?

    Sorry for all this doom and gloom, I am really not a quarter as fed up as I was and I will (when I get round to it! change my username to something more reflective of my mood after the uplift this forum has given me.)

  • #59887
    Profile photo of Anonymous
    Anonymous
    Participant

    well if you ask me theres a big fat rat sat waiting to bite you why would a developer put a clause in saying you can not go to th site or talk to builders if i were not to go to my site to see my place built i would drop that rat down the developers pants 😉

  • #59888
    Profile photo of Anonymous
    Anonymous
    Participant

    I smell poo RAT POO

  • #59889
    Profile photo of Anonymous
    Anonymous
    Participant

    @maria wrote:

    a clause which stops me from visiting the site or speaking to builders

    You what?????!!!!!

  • #59894
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi, not so fed up now,

    I too sense ratty, get out now and call it a lesson in life. You won’t be as easily fooled inthe future, and when you become a lawyer you will have learned a valuable sesson.

    You will be able to make all your money back by advising people not to but in Spain.

    Jane

  • #59897
    Profile photo of Anonymous
    Anonymous
    Participant

    Please don’t consider buying from anyone with such outrageous clause’s , I’ve bought twice via the off plan route and visited both sites, several times during construction. This all sounds very strange and suspicious to me.
    Newb.

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