Forced to complete if snagging is not done properly

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    • #51309

      Hi I am an investor in an off plan development and many of us have had our completion notices

      The problem is that our surveyors doing the snagging and those who have been to look themselves say its not ready. The snagging lists have not been attended to and in fact the team supposedly attending to them have been moved by the company to another development leaving the owner of the company who doesnt speak much English to sort out the snagging and guess what , nothing is happening!! They seem to have left with work to do . My snag list is 2 pages long !

      On receiving the first notice of completion I have told the lawyer as have other investors that I am not happy to complete until its ready and they said we d delay. Since doing so a month ago I have heard nothing about completion , some have and its on everyones behalf I write to you.

      Can I ask please if without seeing the contract ,and I know I will have to ask the lawyer on this but was seeking independent thoughts ,as to whether under Spanish law investors in off plan investments have to complete unless they are 100% happy with their building being ready?

      I would so appreciate your input on this


    • #59323

      Hi Fiona.

      The snag list has to be addressed first.

      The lawyer can practice a retention at completion until snagging is completely to your entire satisfaction providing your demands are logical.

      Because I’ve had cases where the clients were wrong and were overdemanding ridiculous things.

      Do not complete until snagging is complete, or practice a beforehand agreed retention with the dveloper (they’ll hate that and will come to terms with you; it’s a negotiation tool in the hands of your solicitor).

      Take legal advice from your solicitor.

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