WHAT IS THE LEGAL POSITION

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This topic contains 8 replies, has 5 voices, and was last updated by Profile photo of Anonymous Anonymous 10 years, 1 month ago.

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  • #52406
    Profile photo of Anonymous
    Anonymous
    Participant

    A friend of mine has bought an off plan and has paid the 40%, since his purchase he has lost his job. Despite of all his efforts he has not been able to find another job and in the mean time the developer has been chasing him to complete. He is naturally recultant to do so due to the uncertanity around his employment. The thing which would like to know is

    1) What can the developer do .

    2) The notice in wrioting has not been served.

    3) Can the developer force him to complete and what is the mechanics of this i.e does the developer has to go to the court.

    4) If the developer goes to Court than will the Court write to him to his UK address.

    5) Will the Court or what ever method apllied give him an opprotunity to present his side of the circumstances.

  • #67111
    Profile photo of katy
    katy
    Spectator

    I think it wil just be a loss of the deposit whatever it was 30%?? They will not take into account the circumstances of the purchaser.

  • #67115
    Profile photo of Anonymous
    Anonymous
    Participant

    will he have some time atleast to delay say until next year when something might turm in terms of Job

  • #67117
    Profile photo of Anonymous
    Anonymous
    Participant

    As with any form of “debt” it’s best to speak to/deal direct with the person/company you owe the money to and try to reach some mutually satisfactory arrangement, rather than bury your head in the sand and hope it’ll go away or wait for them to take it to court.
    The very act of entering into a (possible lengthy) written communication with them will “delay” matters!

  • #67119
    Profile photo of Anonymous
    Anonymous
    Participant

    Shakeel

    As has been stated numerous times on the forum, the fact that the developer is pushing for completion may not mean the purchaser can be made to complete, remember if the LFO is not in place he cannot be legally made to complete. Also has there been a delay in the contracted delivery date which could make the contract null & void, or any other clauses that could give him the oportunity to call in his BG.

    Jim

  • #67120
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you all for your reply. LFO is in place, there has been a delay and as you all will know that Spaniards are not known for correspodance or things in writting until they have to.

    As my friend wants to complete he just need some time so tactically

    a) He could delay completion due to delayed completion of the block.

    b) Any other

    I also feel that my friend should complete in January 07, to benefit from the new cost structure.

  • #67121
    Profile photo of Anonymous
    Anonymous
    Participant

    1) What can the developer do .

    The developer can declare breach of contract on your friend.

    2) The notice in wrioting has not been served.

    This notice shall be sent to your friend’s address which appears in the exchanges contract.

    3) Can the developer force him to complete and what is the mechanics of this i.e does the developer has to go to the court.

    The developer can force him to complete or else declare breach on his behalf. The developer has no need to go to court.

    4) If the developer goes to Court than will the Court write to him to his UK address.

    —-

    5) Will the Court or what ever method apllied give him an opprotunity to present his side of the circumstances.

    —-

    The developer will keep the amount of the 40% that was agreed on the contract. In some contracts this amounts to 100% of the 40% already paid. Although normally it’s between 25-50%. It’s whatever the contract stipulates.

    Your friend has a very dim chance of delaying anything if he is being compelled to complete now.

  • #67125
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you Draken.

  • #67126
    Profile photo of Anonymous
    Anonymous
    Participant

    You’re welcome Shakeel.

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