Reply To: hacienda marina by aifos

#87399

Anonymous
Participant

@katy wrote:

Well I must have been reading another article on your site 🙄 ….although I did follow the link. What about all the stuff that you cannot necessarily sue if the developer is late completing and you cannot sue if there is no bank guarantee and the most important whatever you are suing for if the Judge views that you are an investor not just purchasing then they will rule against you. There is a whole list of stuff there nothing to do with the LFO

Your point being?

In our first post addressed to Molinamod we pasted the link to the said article and mentioned to read specifically point three (LFO). It’s a general article on reasons not to litigate, it’s not specific to LFO, only point three mentions them.

If you read carefully the article we at no time discourage litigation on late delivery. Point 1 refers to plaintiffs who sue, for example, 3 months after the stipulated delivery date of the property as per their PPC. At no time does it mention not to sue on grounds of late delivery, this is your interpretation Katy. We sue on grounds of late delivery in many cases. But in these cases the late delivery is regarded by the judge as substantial, at least one year if not more. One may even claim compensation. Being realistic, almost all developments are delivered late in Spain. If you sue exclusively on account of the developer delivering the property late only for a couple of months you are bound to lose. The breach must be regarded by the judge as substantial.

Regarding suing on a lack of BG it is a bad idea in our opinion. Another matter being if you take the Consumer’s route and have the developer fined for lack of compliance. Thre are hefty administrative fines on developer’s that do not comply with their issuance. We have written a specific article covering the subject of bank guarantees if you are particularly interestsd on the matter.

A judge will not view under the same light someone whose purchased one or two properties than someone else whose purchased three or four. No-one purchases 3 or 4 properties for personal use, it’s done as an investment and the judge will factor this in on making his decision.

We take no personal stance on this or any other points in that article for the record, we are just stating known facts that people ought to be aware of prior to litigating, that’s all. Litigation is a serious affair and the more information made available to them to take an informed decision all the better.