Question: The construction of my property in Spain is delayed. In fact it hasn't even started despite the fact that it should have been finished by now. The developer is claiming that there is nothing that he can do. what are my options?
Answer: This is a difficult one - especially as you will have probably already paid a large percentage of the purchase price to date. The answer to this really lies with the contract that you have signed. The contract that you have signed should be a full purchase contract and should have a definitive completion date. The contract should also have a clause in it setting out what you are entitled to if the developer goes over that date. Sometimes the penalty clauses allow a certain amount of money per day, whilst others allow a flat amount for late completion. Sometimes developers will offer to furnish the properties for free. In many other cases the contract has no penalty clauses and the date for completion is quite vague - for example they may state that it will be finished in the second half of a certain year. I am afraid that the best thing that you can do is to take your contract to your lawyer to ask him to let you know what the situation is in your case. Even if there is no such penalty clause your lawyer may be able to assist you - particularly if you get together with the other people buying in the development to bring pressure on the developer collectively. You will however have to consider what you are trying to achieve - whether you want your money back, whether you just want the property built as quickly as possible or something else.
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