Reply To: Developer refuses to honour private purchase contract!

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Anonymous
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Hi DGR,

We won our case over a year ago, so our situation is irrelevant. I was just using our case as an example of what we all may see as a cut and dry case is in reality very different to the way the Spanish Judicial system sees it and acts upon.

If you are going to sue for just 25% of your deposit, it could cost you a lot in lawyers/court fees. You need to do the sums. I don’t see how you can sue for anymore than the agreed 25% when as of now the developer has completed the building and the LFO has been issued. The most important thing you need to ascertain is “Has the LFO been issued?” The only sure way to find out is go to the Local Town Hall. It will be a different situation if there is no LFO.

You should take the advice of a litigation lawyer. I would be very interested to see what Maria de Castro or Drakan would say to you in this case.

In a worst case scenario I could take the developer to court & win, however the developer could go bust & my bank guarantee could have lapsed during the process!!!!

That is why it is better to sue the Bank and not the developer..if you have a BG.

I’m also under no illusion that I should expect justice, however the PCC is clear & the developer should honour it.

That’s what many people think and hope for. It doesn’t happen!