October 6, 2005 at 10:04 pm #51271
This case came to my attention this week and I thought I’d relate it on here for your contemplation and thoughts (it’s not me BTW).
House on a small development was bought off plan (Murcia). Firstly, the construction method employed (on 2 of the houses only) was not what was originally shown on all the drawings etc, but the buyer decided to continue with the purchase anyway.
However, serious structural defects manifested themselves in these 2 particular properties, before completion was anywhere near. The builder asked for the buyer’s permission to repair the defects which, being in the UK, the buyer gave.
When the buyer visited the site, the defects had remanifested themselves. The buyer (a builder in the UK) pointed out that the repairs had not been carried out properly. He also said he would very much like to pull out of this particular house purchase thank you but offered to buy another, traditionally constructed, fault-free house on the same development. (Sounds v generous to me – I’d have run a mile from this builder).
The builder is refusing to comply, saying the house will be fine. OK says the purchaser, if you’re so confident that the house is fine, prove it by selling it to somebody else. The developer wants the final stage payment now of course.
The buyer’s current lawyer (who, in my opinion needs shooting) says it is up to the buyer to come to an agreement with the builder!!! I have given the buyer the name of a Murcia based lawyer from this site (thanks) who hopefully will be of more use.
In my opinion, the house is not fit for purpose in its current state (but have only seen photos), and also the buyer never agreed to purchase a repaired house! If he had viewed the house in its current (badly repaired) state he would never have agreed to buy it. There is also the question of will he be able to obtain insurance for it or even resell it one day. He realises there will be warranties but does not want to have to rely on these for peace of mind for the next 10 years.
Anyone else had a similar experience? Anyone know where the buyer stands in law?
I’ve perused the Spanish Building Act 1999 but there is no definitive answer in there. I don’t know what contract conditions were agreed to (which is where a new lawyer will help. Hopefully.) The buyer arrives in Spain to do battle next week….
October 6, 2005 at 10:37 pm #59035
Sorry I don’t have any advice on your questions just thought I’d pass on something I saw last year on TV, there was a development of villa’s / bungalows in ( Mazzaron, I think), where they all had very serious defects, several buyers all signed without noticing these defects and within weeks of moving in huge cracks and numerous other problems (sinking) started to appear, the developer/ builder refused point blank to rectify these problems (nothing short of demolishing would work anyway) and the poor buyers where accused of creating the damage them selves.
Don’t know if any of this is relevant to your chap but I wouldn’t risk completing and having a builder try the same. I personally don’t trust the 10 year warranties, many of the more dubious builders will try to ignore complying with them.
October 7, 2005 at 8:55 am #59036
No, exactly. Neither he nor I (I used to work for builders in the UK so I know they are not worth the paper they are written on as the builder will do a disappearing act if necessary) trust paper warranties which is why he wants to pull out now, but the builder is trying to force him to proceed.
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