[Anonymous]

Can anyone tell me if there is a time limit on a private house purchase contract after which you cannot sue a builder/developer for breach of contract.

Many thanks

[Anonymous]

Can you please be more specific. Off-plan ? Resale ? Detached villa, flat ? Have you completed ? Dates etc….

[Anonymous]

Hi Drakan

The detached house was a new build, private contracts signed in March 2004 and the build and purchase completed at the Notary’s in December
2004.

Our problem is that the contract says ” the property has electricity , running water(from well) and septic tank all in perfect working order and the vendors agree to make available any documentation necessary fro the transfer of said services”.

We were cut of a number of times in 2005 and have had no electricity since Feb 2005. The water well was salt and we had to re dig a well elsewhere on the property to get decent water.

There are promises of electricity all cong to nothing, however, the builder/vendor have had absolutely no interest in helping us.

What we need to know is is there a time limit after which you cannot sue for breach of contract.

We have been told 3 year and 10 years.

[Anonymous]

Are you saying you’re not on metered mains electricity supplied by Endesa/whoever? If you are, then your argument over electricity would be with them surely?

If not, then am not clear as to why you would have completed and paid if you had only builder’s electricity/non-potable well water? If you agree to complete and pay up, you are indicating that, as far as you are concerned, the builder has fulfilled his side of the contract. Maybe I’m missing something here but these quite major omissions would’ve been picked up at snagging surely.

Can you not bring the building warranty into play if the property is uninhabitable/unfit for purpose which it must be if you’ve had no electricity for 2 years? What does your lawyer advise and what does your contract say?

(As an aside, your contract, as you’ve quoted it, doesn’t say drinking water, merely running water which doesn’t have to be potable 😉 )

But if you think that the clock may be ticking then you should get your notice to sue in now. Why the need to ask?! It sounds as if you’ve already been patient far too long.

[Anonymous]

I take it your property is rustic and not urban.

I’m not specialised in litigation but I believe that art. 1967 (3 years) is not applicable and it would be the general one of 15 years art 1964 CC.

The 10 years is probably because of art 1591 but I don’t think it’s your case as the house is not falling apart.

[Anonymous]

Hi Drakan

Thank you for yor response, it is rustic and your answer is pretty much as we were led to believe.

Hi Hillybilly

We thought that we had done our research, hired an independent lawyer outside of Chiclana, and a properly registered agent, with a proper office base. (not just a mobile and a car as office).

Altho we knew we had no meter at the time we also knew friends in the area who had had no meter at purchase point but got one later. How naive looking back now.

Any way we have got it now and really enjoy using it at every opportunity albeit with a small generator banging away.

One day, soon hopefully, we will get that meter and a legal electricity contract, if not its solar power for us.

We did start proceeding over a year ago but these were put on hold middle of last year when the agent popped up to say they could get us electiricy. That was July last year….. still waiting, but more transformenrs are being put in in the locale so lets wait and see.
Regards

Flamingo

[Anonymous]

@flamingo wrote:

Hi Drakan

Any way we have got it now and really enjoy using it at every opportunity albeit with a small generator banging away.

One day, soon hopefully, we will get that meter and a legal electricity contract, if not its solar power for us.

Flamingo

Hi Flamingo

I’d be very interested to know if you do move over to Solar.

We are thinking of getting a rural property and want to be as self sufficient as possible. Do you think Solar will provide all your electricity needs? What about wind as well? I suppose the Generator is always a fall-back.

[Anonymous]

Hi Knock-on –
re. solar as a source of power for your home, you need to look at ‘photovoltaic’ solar power (as against ‘thermal’ solar as in a solar panel + water tank combo for heated water).

The photovoltaic solar panels convert daylight (as well as sunlight) into DC electricity, and an inverter will convert the DC to AC for use in the home. It is possible to provide for all your needs, though important to have ‘A’ rated appliances for low-energy use. Instead of an electric oven use gas/wood.

In countries like Germany, many thousands of homes are powered this way – and if it can work with the German weather…..
You should have a battery back-up that gets charged with excess power generated – so even if you have days of rain, you have a fall-back.
Some companies provide complete home-kits to include the solar panels, the inverter, all cabling etc. but the amount of kWp you require will depend on size of house, number of people using the power etc.
Best of all – it’s totally eco-friendly. 😀
These systems can always be combined with a diesel generator.

We’re in the process of building a house and will be installing pv solar – too many power cuts where we are and fed up lighting the candles!!
If you google pv solar or photovoltaic solar – you will come up with loads of companies – but in my opinion, German companies in this particular field are the best ones to look at.

[Author]

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