- This topic has 10 replies, 6 voices, and was last updated 20 years, 2 months ago by
Melosine.
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AuthorPosts
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August 10, 2006 at 1:24 pm #52112
Anonymous
ParticipantDoes the law obliging developers of off-plan developments to issue, free of charge, a Bank Guarantee to each purchaser, also apply to builders of individual houses?
A lawyer is telling someone I know that the builder of their (individual) house is not obliged to supply a Bank Guarantee without it costing them
‘a lot’. And has never offered/supplied a Bank Guarantee.A reply from anyone ‘in the know’ would be appreciated !
Barbara
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August 10, 2006 at 2:37 pm #64575
Anonymous
ParticipantBGs are obligatory by law. Any related costs are paid by the developers.
If they do not give a BG or ask you to pay for it, walk away!! 😉
Katerina
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August 10, 2006 at 3:17 pm #64579
Anonymous
ParticipantKaterina is right. You are entitled to a BG, at no cost to you, regardless of the size of the developer.
Mark
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August 10, 2006 at 3:27 pm #64581
Anonymous
ParticipantThank you Mark.
K and I ‘begged to differ’ on this one.As usual, she was right then 🙁
Barbara
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August 10, 2006 at 4:28 pm #64588
Melosine
ParticipantFor Charlie.
I have replied by PM but it is stuck in outbox at the moment !!!!!!.
Will investigate . Give me a couple of days
Cheers
MelosinePS sorry I have interrupted thread.
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August 10, 2006 at 4:53 pm #64589
Anonymous
ParticipantPm’s stay in the outbox until recipient opens it.
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August 10, 2006 at 5:53 pm #64590
Anonymous
ParticipantSurely, if you engage a builder to construct your property, then the builder is not liable, under law, to guarantee your stage payments? Would you not be classed as the developer?
A
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August 13, 2006 at 5:16 pm #64663
Anonymous
Participant@charlie wrote:
Does the law obliging developers of off-plan developments to issue, free of charge, a Bank Guarantee to each purchaser, also apply to builders of individual houses?
A lawyer is telling someone I know that the builder of their (individual) house is not obliged to supply a Bank Guarantee without it costing them
‘a lot’. And has never offered/supplied a Bank Guarantee.A reply from anyone ‘in the know’ would be appreciated !
Barbara
The answer is obvious, If you are building your own house hiring a constructor, you are the developer. Obviously Law 57/68 doesn’t apply to you, so no BGs for you.
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August 13, 2006 at 5:16 pm #64847
Anonymous
Participant@charlie wrote:
Does the law obliging developers of off-plan developments to issue, free of charge, a Bank Guarantee to each purchaser, also apply to builders of individual houses?
A lawyer is telling someone I know that the builder of their (individual) house is not obliged to supply a Bank Guarantee without it costing them
‘a lot’. And has never offered/supplied a Bank Guarantee.A reply from anyone ‘in the know’ would be appreciated !
Barbara
The answer is obvious, If you are building your own house hiring a constructor, you are the developer. Obviously Law 57/68 doesn’t apply to you, so no BGs for you.
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August 13, 2006 at 6:03 pm #64666
Melosine
ParticipantBarbara & Katerina
Am only posting this so others are aware. My PM to Barbara,on another issue,did highlight this query.
Unlike developements an individual build is constructed on land owned by the new future homeowner.
If the person doesn’t have the title deeds to the land it is only individual in design. And therefore must have a BG.
On a true individual build one has total imput in the plans and who is going to build it. They are also on named on all documents as the promotor. Consequently BG’s are not in the equation because should anything happen the owner/promotor has total rights the the build and can reside there when they think fit regardless of any money or work outstanding.
Although in stage payments money is never passed over until the agreed work has been completed to satisfaction of client.What one does,as a promotor, is buy a one off insurance premium to cover a 10 year period just in case builder or architect dies, goes bankrupt or simply AWOL.
Law and situation regarding this is the same as in England.
Hope you can now agree.
Cheers -
August 13, 2006 at 6:03 pm #64853
Melosine
ParticipantBarbara & Katerina
Am only posting this so others are aware. My PM to Barbara,on another issue,did highlight this query.
Unlike developements an individual build is constructed on land owned by the new future homeowner.
If the person doesn’t have the title deeds to the land it is only individual in design. And therefore must have a BG.
On a true individual build one has total imput in the plans and who is going to build it. They are also on named on all documents as the promotor. Consequently BG’s are not in the equation because should anything happen the owner/promotor has total rights the the build and can reside there when they think fit regardless of any money or work outstanding.
Although in stage payments money is never passed over until the agreed work has been completed to satisfaction of client.What one does,as a promotor, is buy a one off insurance premium to cover a 10 year period just in case builder or architect dies, goes bankrupt or simply AWOL.
Law and situation regarding this is the same as in England.
Hope you can now agree.
Cheers
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