January 15, 2007 at 11:14 pm #52554
I hope this is one for the legal eagles out there.
I agreed my contract for the purchase of a villa near Alicante in May 2005 having had the usual fight over clauses favouring the builder. The contract was signed by both parties and money changed hands. The contract included a verbal description of the plot and plans of the plot I was buying together with how my plot was situated in the context of adjoining plots.
Battle commenced over the period of build and after a lot of corrections to the build specification we are within sight of the property being completed to our satisfaction…oh joy!
I had a brief e-mail two weeks ago from the builder with an accompanying plan. The plan showed a diagonal rear boundary through my plot and the email asked if I wished to buy the additional 750 sq mtres of land in addition to the 1650 sq mtres agreed in the contract for a sum of 52.000 Euros. I was and remain shocked that the plan in the contract completely misled me to believe that all the land on the plot equalled the 1650 sq metres specified in words and numbers. There are no fences erected even now and so even if I had thought to measure the plot I had no boundary to measure.
My solicitor tells me he has had conflicting views from litigators: one saying I absolutely have a case to claim all the land shown on my plan but another saying a judge may rule that the measure of land in words and numbers could overule the plan. He is rather leaving it to me to decide if I should take this to the Courts based on this advice…..help!
January 16, 2007 at 11:01 am #68353
“The contract included a verbal description of the plot”
Without wishing to make matters worse if this is the first time you have received a written copy of the plan and plot I can’t see how any judge will be able to agree with you. I would have thought a physical copy of the plan would have been agreed at the time of the contract and if this wasn’t the case common sense tells me this is a “buyer beware” scenario.
January 16, 2007 at 7:22 pm #68360
Sorry I didn’t make myself clear.
My contract is dated March 2005, and includes 8 pages of clauses, appendices, and drawings. The outline of my plot and all adjoining plots are shown in the contract. Not shown on the drawings is the square metreage, but 1650 sq mtres is mentioned in the body of the text.
The new plan was received in December 2006 together with the invitation to buy a triangle of land within the original plot which they say exceeded the 1650 square metres I had agreed to buy.
I have always assumed, I think quite reasonably, that the whole plot drawn up in my original March 2005 contract reflected the area of land I was buying!
Is that a bit clearer. Do I stick or twist?
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