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.
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!!!
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.
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.
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.
M.
Author
Posts
Viewing 4 reply threads
The forum ‘Spanish Real Estate Chatter’ is closed to new topics and replies.
This website uses cookies to improve your experience. If you continue to use the website you agree to our use of cookies. You can find out more here. Accept
Cookies
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.