Question: Dear Sirs,
I purchased a property in Spain which should have been completed at the end of 2005. As the project was running late I was offered the option of accepting a discount. According to my contract I was in my rights to cancel as the developer did not finish the development in time. I informed my solicitor of my intention on a number of occasions that I wanted to cancel and get a full refund of monies paid. This has now been going on for quite a while. We were promised completion at various times.
However the development as I understand is now complete and the developer has been issued wit a certificate of habitation . I am now told by my solicitor that unless I agree to complete on the 24th May 2007 I would forfeit all monies, and that the only way to get my money back is to take legal action. I have rang my solicitor and sent emails but he is not returning my calls.
What can I do?
Answer: This will depend on the contract. However, now that the property has been finished I think that you would struggle to explain to a court why it is reasonable for you to cancel after the property is finished.
It is quite conceivable that unless you complete you will loose what you have paid to date – although how much you will loose will depend on what your contract says. If the developer doesn’t want to give you your money back then you would have to go to court.
I am sorry not to be able to give you better news. Insist that your lawyer discusses the matter with you and explains the situation in light of your contract.
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