Answer to rob6578 no I have not signed at the notary, the only contracts we signed were back in 2006,I even noticed the contract was dated 2005 so they even got the dates wrong on the contract.
What is annoying is the Spanish Solicitor in Alicante said we had a good case 3 months ago, he has had all the paperwork all that time and now tells us because we refuse to sign on the acceptable apartment it affects the case of the other one and we have no chance of getting our money back.
I think it is just a case of they are all lining each others pockets. The Solicitor will probably have the cheek to charge us a lot of money for doing nothing.
I know Polaris is in big trouble, I spoke to one of the builders the other day and he said that they are having major problems with flooding as the concentration camp is built on a flat plain, the properties on the ground floors should have been put on footings a foot higher. They are also using cheap materials as prices have gone up and they are struggling.
I know this does not help me get my money back but if they go bust it will help me sleep better at night.
Thanks to everyone who has offered advice I will contact the British press and look at other suggested forums for advice.
I think the solicitor is right, you can’t claim breach of contract against polaris when you yourself are effectively breaching contract on the perfectly good property, even if you see the two contracts as one, I doubt there is nothing in law that would make them one, might be wrong.
As far as one overlooking a play area, that is unfortunate and I dislike polaris sticking play areas on the resorts. But they did offer you another property. As far as this disjointing the two properties, well again I doubt in law the purchase will viewed as one, they will be viewed in law as two seperate contracts.
I’m not a solicitor but have a certain amount of training in contract law, hence just my opinion.
Doubt whether you have any mileage here. The bombs waiting to explode and concentration camp stuff, well let the buyer beware, but isn’t it all a bit OTT. That said I never thought a great deal of the Condoda site, especially given the economic climate, although only time will tell.