6 monyhs rule

[iain crosbie]

Hi
Anyone know how the law stands in spain on a developer running over by more than 6 months ??
I heard that the contract is invalid outside 6 months. Anyone confirm of deny this ??

[AndyH]

Hi Iain,

Basically, if you don't have a penalty clause in the contract that details exactly what will happen if the developer runs over, you are faced with taking him to court to sue him for damages. A lengthy and expensive process which everybody will advise you against, but there have been some recent cases where the client has won a case like this. You might be able to find details if you search the Costa Blanca News website.

Hope this helps.

[Lizzy]

builder running over

i think there are a couple of points here. firstly you should look in your contract - this will (as did mine) specify a period of grace (mine was 3 months) for the builder. if you were in the UK and the builder went over that period then you could sue for a breach of contract and the penalteis would form part of the contract - you could try in spain but i think you've got more chance of winning the lottery. our solicitors comment was that if we wanted to break the contract becuase the buidler had gone over, so be it - the builder would be only too pleased becuase there will always be another purchaser to fill your shoes. plus our contract said that if we pulled out of the contract the buidler could keep all the money we had paid to date! so I think you're up the swanee without a paddle.

liz

[Adey]

There is not a contract in Spain that is worth the paper it's written on, added to that the fact that builders have total disreguard for the law, and the legal system is so lengthy and in no way efective anyway.

So your solicitor will no doubt tell you to sit and wait I'm affraid, even the solicitors are powerless over here, it's just one big joke.

Adey

[iain crosbie]

Hmmm

thanks guys
I suspected as much.
Really disappointing this sort of crap. The dream of aplace in the sun gets tainted doesn't it.

[harry]

we spoke to a couple who were waiting to complete in Mazzaron - the build was very, very late & at 1st they couldn't understand why the builder was taking so long especially as he'd have to give them back their deposit + 5% (might have been 10%)...

then it dawned on them the property had gone up over 60% since it started - the last thing he wanted was to finish!

Hi Iain
You'd better get used to it - this is Spain!