March 20, 2006 at 6:41 pm #51662
Looking for some opinions on this one.
Completion date on contracts June 2005 (developers said this would allow for any delays, expected completion December 2004)
Problems since with initially no water supply as village supply needed upgrade – eventually solved by tanks in basement with pump for pressure – no idea when there will be a permanent water supply fitted.
Then problems with electricity supply. Builders have now installed a pylon for Iberdrola to connect a “temporary power line” until eventually it is sited underground. Pylon fell down in bad weather before inspections completed, now rebuilt but still no word from Iberdrola – no dates either!
My question is, when does the delay become unacceptable in law? The developers blame the utility companies and negate all responsibility. They have suggested we all pay the final purchase money so “we can store our furniture at the properties”
Many of us now feel we should be asking for compensation – problem is that there is no delay clause in any of our contracts.
Any advice would be welcomed
March 21, 2006 at 5:35 pm #61405
DON’T PAY ANY MORE MONEY!!!!!! You stick to your guns, get your lawyer to be sturn with them. Is it the lawyer recommended by the developer??
The property is not ready for you to move into so no payments are required. If you pay them they will not make quick attempts to sort it out, why should they, they will have your money!!!
March 21, 2006 at 6:33 pm #61406
Caxybianchi is absolutely right. Don’t pay a penny more at this stage.
Does your developer have the Licence of First Occupation yet?
If not, you must definitely not complete, you will be unable to register your property (Escritura) under your name.
Completing so you can store your furniture may well be the most expensive mistake you would ever make.
Your developer is definitely in breach of contract if there is no LFO, going by the dates you give. Remember you are not legally obliged to complete without one.
Hopefully you have a copy of your Bank Guarantee. I would find a good litigation lawyer and enforce your BG on the grounds of breach of contract (re. delivery of apartment – the time now passed is way beyond a developer’s right for that ‘extra bit of leeway’.
No matter there is no delay clause.
With all the problems going on in Spain (I don’t know where you have bought) but if on the C del Sol – there is going to be a big time delay for any developer to get an LFO.
March 21, 2006 at 9:37 pm #61409
Thanks for your replies. We definately do not intend to pay any more and are seeing our independant lawyer in Spain in April. There is no certificate of first habitation and I am not convinced that one will be issued until the permanent utilities are in place.
Very sad that this is happening, the gloss has definately gone off the purchase and we now wish we had just kept our motorhome……at least it had battery power for the lights etc!!
It is so disheartening to keep visiting, getting the keys, looking around, then going back to rented accommodation every time.
March 31, 2006 at 6:52 pm #61565
You asked: when does the delay become unacceptable in law?
The deadline for the contract to be fulfillled is what you actually agree in the contract ( law between parts). It is usually stated in the contract that the cancellation of this is possible after the agreed deadline. It is also usually stated that the failure must be due to the responsability of the vendor to unable you to cancel it with devolutions of amounts plus interests.
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