Re: Re: Iknow, I know! more BG stuff !



Hi John

Your developer is in breach of contract.
He cannot simply ‘refuse’ to cancel your contract !!!

The ‘plaster’ problem is the developer’s, not yours, and he should have an insurance for these kind of events.

The way it works is your lawyer goes to the notary, and asks the notary to ‘invite’ the developer to complete by a certain time.
Because your developer can’t complete because your apartment is not finished, the notary will then cancel your contract.

Once your contract is cancelled, your lawyer can apply to enforce your Bank Guarantee.

You should not need a court case for this unless the bank who issued the Bank Guarantee refuses to pay for some reason (eg when is the enforcement date on your BG?).
We have just claimed on our Bank Guarantee – the only reason the bank at first refused and we had to go to court was because the enforcement date had (naughtily) been put at one year after completion date! A very dirty trick by the developer.
However the judge told our bank to pay up immediately.

I do not understand why your lawyer is quoting you 6000 euros for what should be a relatively simple procedure. A trip to the notary is a few hundred euros. For your lawyer to send a burofax to the bank to request enforcing a BG is not big bucks (about 4 euros).
And I assume you have already paid your lawyer X amount for a complete sale procedure????
A sale can fall through, and whatever he needs to do is part of his fee.

I feel your lawyer is on the side of the developer and buying time.
I also feel he is trying to rip you off – our lawyer charged us just 1200 euros and that included a court case!!

Ask your lawyer to explain exactly what the 6000 euros is for. If no satisfaction, I suggest you seek alternative legal advice from a good recommended independent lawyer, to see what they would recommend.