Taking Legal Action

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This topic contains 6 replies, has 4 voices, and was last updated by Profile photo of Anonymous Anonymous 8 years, 7 months ago.

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  • #53914
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi,

    Back in 2006 I bought an off-plan property after falling for the salesman’s very impressive pitch. It is now a year since I completed and I am still having problems trying to get them to complete my snag list and certain items on the original spec have still not been installed in my apartment. To make matters worse my view of the mountains has now been ruined by a 4 storey concrete monstrosity electricity sub-station, I was specifically promised on no less than 4 occasions by my salesman and the UK Director of the company that nothing was planned to be built in this area and if it was it would be no more than one storey high. The company are now ignoring my letters and phone calls so I have been left with no option other than to look at taking legal action.

    I have approached two different Spanish lawyers (both recommendations from a different forum) and they have both quoted between 5,000 and 6,000 Euros to take on the case. One suggested going for “damages” of 30,000 E saying he had taken cases like this before against this company and they have settled “out of court” on the morning of the case.

    It’s a big gamble to say the least – 5k to possibly win 30k.

    A couple of questions to any legal experts out there or people in a similar situation….

    Is this a typical fee for taking on a case like this ?

    Is there somewhere to go to find out the likelihood of winning such a case (based on previous cases) ?

    Could I take legal action in this country as the initial contracts were signed here ?

    Thanks

    David

  • #81974
    Profile photo of Anonymous
    Anonymous
    Participant

    “I was specifically promised on no less than 4 occasions by my salesman and the UK Director of the company that nothing was planned to be built in this area and if it was it would be no more than one storey high”.

    I assume this was a verbal assurance which will mean nothing in court.
    Why do you think the salesman and the UK Director can speak for the rest of your area?
    In any case, in court they could simply claim that at the time of sale, they knew of nothing planned.
    In my opinion, don’t waste your money.

    The snagging is another matter and you need a lawyer with teeth to get things moving.

  • #81976
    Profile photo of Anonymous
    Anonymous
    Participant

    A view can never be guaranteed so I’m afraid you have no grounds for any recompense there. Without that element, 30k “damages” sounds a lot…what would this be for?!
    Before engaging in costly legal action, have you tried all or any of the following…filling in the hoja de reclamaciones…defensor del pueblo…denuncia? All will cost nowt!

  • #81977
    Profile photo of Anonymous
    Anonymous
    Participant

    Re. the snagging: Are there any major items on the list? Would it cost less (cash and stress) to sort the snags out yourself, than to employ a solicitor?

    A

  • #82018
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks to all those that replied.

    Unfortunately as you suspected the assurance on the view was only made verbally. However the land on which the sub-station was built was all owned by the developer and they would have known what was planned for that area when I was sold the property. It is also only about 25m from my property so is a major eye-sore.

    The 30K was 10% of purchase price and was meant to be as compensation for fall in property price due to this change.

    The rest of the items can probably be done cheaply enough to make it not worth taking any legal action.

    Before engaging in costly legal action, have you tried all or any of the following…filling in the hoja de reclamaciones…defensor del pueblo…denuncia? All will cost nowt!

    Don’t know anything about these, will see what I can find out.

  • #82078
    Profile photo of Anonymous
    Anonymous
    Participant

    Arrticulo 585 of the Codigo Civil which relates to servidumbres de luces y vistas prohibits building within 3m distance of another building..so I don’t think that at 25m distance you will have any case.

  • #82150
    Profile photo of Anonymous
    Anonymous
    Participant

    Re. “Taking legal action” – another success story last week besides Suzanne’s great news on her development at La Reserva de Marbella.

    Someone I know has finally had their money back on an off-plan. Paid 100,000 euros deposit in 2003, money back after five years……….on a no-build.
    Needless to say the developer still made them go via the courts to get it.

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