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Article 1124 doesn’t specify that Michael.
It only establishes that in those obligations which are reciprocal one party has breached it/s obligation/s.
Say, for example, that in a given contract, one (of the many) obligations of the Developer is to deliver the property in due time as specified in the contract’s deadline clause i.e. Sept 2007 . But he delivers it in April 2008. There is breach of the contract ex Art 1124 CC.
An extension of the contract in the delivery of the property can be reached if both parties agree, of course, but not imposed unilaterally by one of them (developer more likely).
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The extension mechanism in the contracts are made out of the Autonomy of the Will, ex art 1255 of the Civil Code ( please, see my article: http://www.costaluzlawyers.es/eng/?p=33
But this mechanism of authomatic, unilateral extension which is oftenly established by developers in off-plan contract, without the aware or the consent of the consumer are abusive Clauses forbidden by the Consumers Act. THen the execution of the clause is also unilaterally, unnotifiedly, unjustifiedly…
There are many Court Decissions of the Supreme Court which state the illegality of the unilateral extension of the time to complete in off plan developmnet.
If a contrat has a clause of automatic extension which is covering the developer to extend unilateral the deadline to complete.please know that due to the COnsumers Act, that clause is null and void ( nad it is considered as non-existent) and therefore contract has been breached ( 1124 CC).
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Apologies for butting in on this thread to Micheal, Maria & Draken but the subject is quite pertenent to my situation I think!
I bought a property off plan and in my purchase contract the developer gives a completion date. The purchase contract also details a limit to which the developer can over run delivery of the finished property (60 or 90 days I think).
I have received 2 letters from the developer by e-mail which notify me of delays.I think the comments made by Maria and Draken on this thread indicate that the fact that developer has notified me in writing of delays does not mean he can ignore the completion date in my purchase contract. Is this the case?
My lawyer who is indepent advises that we wait to see what the situation is on the date the property is complete. This I’m sure is a good policy but I’m a little nervous that construction of the property will stretch on for ever.
Many Thanks & Apologies If I’m repeating Micheal’s Question.
DGR
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DGR
60-90 days of delay in delivering the property would also be accepted by the Spanish court as normal even though there is no such written law. That is why it is incorporated in your contract.
The fact that you have been informed by the developer about the delays could be viewed as a positive step as they are trying probably to do the right thing. Provided that the delays relate solely to construction matters and have nothing to do with the legality of the building licence or problems getting the Licence of First Occupation.
Note that the developers must observe the completion date on your contract. It is you and only you that can grant an extension to them to allow them to finish and deliver the property. Obviously, that is not obligatory! It is your decision.
I am sure that Drakan and Maria will assist.
Katerina
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Charlie,
Thanks for your response which seems to reinforce my initial thoughts. I will wait and see how things develop. At present the competion of my property has only been delayed for around 10 months & the developer has kept us informed of all delays.
At first I got frustrated by these delays but as I read through this forum I realise there are many people who have much more to deal with.Many Thanks
DGR
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