Arenal Duquesa – problem with deposit refund clause

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This topic contains 6 replies, has 4 voices, and was last updated by  Anonymous 13 years ago.

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  • #51702


    I signed for an apartment in Arenal Duquesa and paid deposit last year…
    There s a clause (in the extension to the reservation agreement) which states
    “It is agreed by both parties that if in the period of eight months the sales/purchase contract is not signed owing to causes beyond the developers’ control, the deposit will be refunded and this reservation agreement would be cancelled. “

    The developer is saying that this clause is not in the Spanish version (which I have never seen) … although 4 months ago they did agree that they were refunding my deposit within the month….

    it also states ” The sales/purchase contract will be executed as soon as the Building Works Licence is in place. The developer will at this moment inform the purchaser to sign the contract. Should the purchase contract not be signed within the period of a month for causes attributable to the purchaser, then the deposit shall be forfeited. Likewise the deposit will be lost should the purchaser decide not to proceed with the signing of the mentioned contract at any time before the expiration of the eight-month period allowed for the obtaining of the building licence.”
    In december the developer did state that the building license had been granted… however Im not sure I believe this…
    How can I check this?

    The solicitor is also being very tricky… not returning call etc….

    The agent is not being at all helpful….

  • #61612


    Is Arenal Duquesa in Duquesa (Malaga)
    Maria de Castro

  • #61614


    Have someone to go with you to the Local Council (Urbanism department) to check that out by yourself.

    Don´t you know of future neighbours or people who also purchased there? What is their situation?

    Even if the contract is in English, it is completely enforceable in Spain. You can go ahead to the reimbursement of your deposit to the Spanish COurts.

    Maria de Castro

  • #61620


    Arenal Duquesa is five minutes from puertu Duquesa…
    Thanks for your reply… where is the Urbanism department for this area…
    also is there a way to find contact details for future neighbours… will they be registered anywhere…
    also … can the Urbanism department and details be found on the internet

  • #61625


    The Spanish version is the ONLY one that is valid.

    So If in the Spanish version this clause is not mentioned, it’s a If it didn’t exist at all. The English version is only for translation purposes and is not legally binding only the Spanih one.

    Your Lawyer is to blame for this “accidental” flaw.

    Don’t sign unless you have the Building Licence. Your lawyer ought to know. Be careful as there are now thousands of ilegal constructions without planning permission.

    Don’t take the word of your lawyer for it, DEMAND to be faxed a copy of said Licence.

    Phone the Town Hall (Gerencia de Urbanismo) and ask them If the Building Licence has been granted for that complex.

  • #61627


    I am consulting a collaborator of mine who is a Professor of International Private Law in Universidad de Cadiz.

    Will keep you informed.

    Maria de Castro

  • #61635


    We live in Manilva ourselves and know Arenal Duquesa very well. If you want to check on licences you will need to ring the “urbanismo” department at the Town Hall on 952 89 13 39 or 952 89 00 65 (switchboard) and they will tell you what you need to know. I think they only speak Spanish.

    With the arrest of the Mayor of Manilva recently due to corruption charges some developments have been stopped in the area but Arenal Duquesa is still going ahead.

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