CAROL ELIZABETH

Some of you on this site will know that we chose not to complete on our Rago 1 apartment for a variety of reasons. Today I received a registered letter formally notifying me that I had to complete on the purchase of my apartment by the the 15th June and if I did not I was warned that MF would proceed with a lawsuit in the courts demanding fulfillment of the contract with the ability to seize assets and revenues of our existing property to force through the completion.

I had asked my solicitors to cancel this contract over a year ago and had effectively walked away. The solicitor says they cannot do this but I am still worried - I cannot afford for anything to affect my home in the UK. Can anyone advise? Is this just scare tactics? They can have my hefty deposit I had given up on it anyway but they cannot have anymore.

olivia

See a good U.K. lawyer to protect you assets here in the U.K.

CAROL ELIZABETH

Doing that now - need to change lawyers - this one has not acted as requested or in our interests.

jackytoo

Wouldn't bother with a lawyer. Those spanish lawyers are colluding in the scaremongering. Seems you have thrown enough money away. Just go to one of those free debt advice centres in the UK. because if they are going to chase you for this they will have to go through the UK courts.

olivia

Disagree!
If my assets were at risk. I wouldn't trust it to a No Win No fee service.

chrismortley

You could try asking the Spanish Lawer his opinion by a PM possible?
He seems on the ball

jackytoo

I wasn't actually refering to an "no win no fee service" (although they would possibly be just as competant (?) as the spanish lawyers). I was refering to the debt advice centres linked to the CAB's.

Some stuff here on another forum, perhaps you should all get together

http://www.spanishpropertyinsight.co...php?f=8&t=4895

CAROL ELIZABETH

I have actually done this but I think I am going to make use of a Spanish lawyer here in the UK and get rid of our Ayamonte solicitor who do not seem to have supported us. We have been pretty laid back so far but I now think it is desperate - we could be in trouble! They can have our deposits but that is it.

spanish_lawyer

Sorry. I just read the thread. I read the PM and I answer!.

petercarey

i also received the same letter as did my brother in law on the properties we were buying. i have spoken to our solicitor who has given us a coupe of options. None are awe inspiring but one is to try and sue for breach of contract. our solicitor has 6 people in our position. if we could get more involved maybe it would make it financially viable. the other option was to re-negotiate the purchase price, again the more involved the better the proposition becomes for Fadesa

CAROL ELIZABETH

Hi Peter

We have taken on a new solicitor because we had asked our present one to cancel the contract but he did not and did not keep us informed so this was like a bolt out of the blue. We have asked the new solicitor to look at the facts - assess our situation from a contractual point of view, also to speak to Martinsa Fadesa to see what options there are especially as we do want to complete - we informed them of this in 2007 in writing due to the poor quality issues on our part of the urbanisation. We heard nothing. I am happy to collect an email list of people who are in a similar position regardless of solicitors to see if we can share information. Please feel free to PM me and if willing I will construct a list and circulate.

Did your solicitor give you any indications of the likelihood of a successful breach of contract or of the cost? I am hoping that the new solicitor will look at the situation with fresh eyes and provide an informed and unbiased view on what options there.

Gizzard

Hi Carol,

We have purchased a property on Costa Esuri, but due to various problems with it, we have not completed. We have paid quite a hefty deposit though. We have heard from our solicitor that the developer intends to take court action in order to force us to complete. We would value any advice you may have from your own recent experience.

Many thanks,
Gary