Costa Esuri Duplex problem
May 2nd 2006, 2:38 pm
#46
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Re: Costa Esuri Duplex problem
Originally Posted by Loco
Karen,
In that case your "Agent" was in fact the Principal and you have no case against Fadesa as you do not have a contract with Fadesa.
You could have a case against the "agent" and my post number 30 would apply.
The problem of course is what price did your contract with them specify, were the sizes specified and what other clauses did it have.
Best
Loco
In that case your "Agent" was in fact the Principal and you have no case against Fadesa as you do not have a contract with Fadesa.
You could have a case against the "agent" and my post number 30 would apply.
The problem of course is what price did your contract with them specify, were the sizes specified and what other clauses did it have.
Best
Loco
just read post 30 again, and have now properly digested the information (I think). If I am understanding correctly, we can ask The vendor (the agent) for all our money back, ie the full amount we paid. The agent would then need to ask for their money back as per the original sale amount????? We should therefore be taking action against the agent, not Fadesa?
Many thanks for your help,
Karen
May 2nd 2006, 2:47 pm
#47
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Re: Costa Esuri Duplex problem
In that case it sounds like you didn't buy the property from the "Agent" and what has happened is the "Agent" and yourselves contracted only to buy the contract they had to purchase the property from Fadesa.
I presume you mean it is the contract with Fadesa which refers to 60m2 of terraces.
Best
Loco
I presume you mean it is the contract with Fadesa which refers to 60m2 of terraces.
Best
Loco
Originally Posted by billybassett
Hi Loco,
our solicitor confirms that we do have a case against Fadesa, as we simply inherited the contract originally signed by the agent, and we inherited all the protections afforded to persons buying direct.
The contract definitely refers to us having 60m2 of terraces, and doesn't appear to have what are know as "abusive clauses".
Karen
our solicitor confirms that we do have a case against Fadesa, as we simply inherited the contract originally signed by the agent, and we inherited all the protections afforded to persons buying direct.
The contract definitely refers to us having 60m2 of terraces, and doesn't appear to have what are know as "abusive clauses".
Karen
May 2nd 2006, 2:55 pm
#48
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Re: Costa Esuri Duplex problem
Originally Posted by Loco
In that case it sounds like you didn't buy the property from the "Agent" and what has happened is the "Agent" and yourselves contracted only to buy the contract they had to purchase the property from Fadesa.
I presume you mean it is the contract with Fadesa which refers to 60m2 of terraces.
Best
Loco
I presume you mean it is the contract with Fadesa which refers to 60m2 of terraces.
Best
Loco
Does this mean we only still have a case against Fadesa, and can only make claim to the amount that they originally sold the property to the agent for?, ie the much much lower price than we paid?
It's very confusing......
Karen
May 2nd 2006, 3:05 pm
#49
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Re: Costa Esuri Duplex problem
Originally Posted by billybassett
Yes Loco, our contract was with the agent, and constantly refers back to the original contract between the agent and Fadesa.
Does this mean we only still have a case against Fadesa, and can only make claim to the amount that they originally sold the property to the agent for?, ie the much much lower price than we paid?
It's very confusing......
Karen
Does this mean we only still have a case against Fadesa, and can only make claim to the amount that they originally sold the property to the agent for?, ie the much much lower price than we paid?
It's very confusing......
Karen
Sorry if this is an inappropriate question for this forum....but is it possible to name names? I am curious to know who the estate agent is that buys up blocks of apartments at Fadesa and then resells them at their own inflated price.
I know that our agent was an agent of Fadesa in the true sense of the word, ie there was no mark up on their part and we paid the amount that we would have paid if we had gone to Fadesa direct. Our contract is a contract of Fadesa, not the agent.
But it would be useful to know for future reference who works as agents of Fadesa, and who acts independently.
Thanks.
May 2nd 2006, 3:11 pm
#50
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Re: Costa Esuri Duplex problem
I was going to log off, but got hooked in again...
I'm nervous about publicly naming names, maybe it should go via PM for now?
Same goes for solicitors.
I'm nervous about publicly naming names, maybe it should go via PM for now?
Same goes for solicitors.
May 2nd 2006, 3:35 pm
#51
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Re: Costa Esuri Duplex problem
No. It is hard to tell without seeing the paperwork but I suspect there are actually two contracts involved here.
1. The Contract to purchase the property. This was originally between the "Agent" and Fadesa. Now it is between you and Fadesa. In Law it is known as an "assignment"
2. A Contract of "assignment" between you and the "agent" for the above property.
Best
Loco
1. The Contract to purchase the property. This was originally between the "Agent" and Fadesa. Now it is between you and Fadesa. In Law it is known as an "assignment"
2. A Contract of "assignment" between you and the "agent" for the above property.
Best
Loco
Originally Posted by billybassett
Hi Loco,
just read post 30 again, and have now properly digested the information (I think). If I am understanding correctly, we can ask The vendor (the agent) for all our money back, ie the full amount we paid. The agent would then need to ask for their money back as per the original sale amount????? We should therefore be taking action against the agent, not Fadesa?
Many thanks for your help,
Karen
just read post 30 again, and have now properly digested the information (I think). If I am understanding correctly, we can ask The vendor (the agent) for all our money back, ie the full amount we paid. The agent would then need to ask for their money back as per the original sale amount????? We should therefore be taking action against the agent, not Fadesa?
Many thanks for your help,
Karen
May 2nd 2006, 3:39 pm
#52
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Joined: Oct 2005
Posts: 2,377
Re: Costa Esuri Duplex problem
"Conflict of interests" springs to mind. Here is where I understand why your solicitor should not be the same as the one recommended by the estate agent.
May 2nd 2006, 4:04 pm
#53
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Re: Costa Esuri Duplex problem
Originally Posted by amanda&charles
Sorry if this is an inappropriate question for this forum....but is it possible to name names? I am curious to know who the estate agent is that buys up blocks of apartments at Fadesa and then resells them at their own inflated price.
I know that our agent was an agent of Fadesa in the true sense of the word, ie there was no mark up on their part and we paid the amount that we would have paid if we had gone to Fadesa direct. Our contract is a contract of Fadesa, not the agent.
But it would be useful to know for future reference who works as agents of Fadesa, and who acts independently.
Thanks.
I know that our agent was an agent of Fadesa in the true sense of the word, ie there was no mark up on their part and we paid the amount that we would have paid if we had gone to Fadesa direct. Our contract is a contract of Fadesa, not the agent.
But it would be useful to know for future reference who works as agents of Fadesa, and who acts independently.
Thanks.
My "agent" was though, mentioned very recently on the main CE thread, not exactly by name, but by clues.
Avoid.
Karen
May 2nd 2006, 7:55 pm
#54
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Joined: Apr 2006
Posts: 2
Re: Costa Esuri Duplex problem
Originally Posted by Loco
No. It is hard to tell without seeing the paperwork but I suspect there are actually two contracts involved here.
1. The Contract to purchase the property. This was originally between the "Agent" and Fadesa. Now it is between you and Fadesa. In Law it is known as an "assignment"
2. A Contract of "assignment" between you and the "agent" for the above property.
Best
Loco
1. The Contract to purchase the property. This was originally between the "Agent" and Fadesa. Now it is between you and Fadesa. In Law it is known as an "assignment"
2. A Contract of "assignment" between you and the "agent" for the above property.
Best
Loco
Hi all
I have been reading with interest for about 18 months having bought a duplex. Do you know if the contract with Fadesa was signed in the UK would we have recourse under UK law.
All the best
Macca
May 2nd 2006, 9:29 pm
#55
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Re: Costa Esuri Duplex problem
Originally Posted by everyday friends
Hi all
I have been reading with interest for about 18 months having bought a duplex. Do you know if the contract with Fadesa was signed in the UK would we have recourse under UK law.
All the best
Macca
I have been reading with interest for about 18 months having bought a duplex. Do you know if the contract with Fadesa was signed in the UK would we have recourse under UK law.
All the best
Macca
May 3rd 2006, 11:53 am
#56
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Re: Costa Esuri Duplex problem
LIGHT AT THE END OF THE TUNNEL.
After a meeting in the London office it has been agreed that the air-con units WILL BE REMOVED from the duplexes. A new technical team has been appointed and will inspect the site next week and come up with a solution.
Top Brass at Head Office are also very annoyed about the situation and are now doing their upmost to resolve the matter to everyones satisfaction.
After a meeting in the London office it has been agreed that the air-con units WILL BE REMOVED from the duplexes. A new technical team has been appointed and will inspect the site next week and come up with a solution.
Top Brass at Head Office are also very annoyed about the situation and are now doing their upmost to resolve the matter to everyones satisfaction.
May 3rd 2006, 12:01 pm
#57
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Joined: Aug 2005
Posts: 45
Re: Costa Esuri Duplex problem
Originally Posted by widgey77
LIGHT AT THE END OF THE TUNNEL.
After a meeting in the London office it has been agreed that the air-con units WILL BE REMOVED from the duplexes. A new technical team has been appointed and will inspect the site next week and come up with a solution.
Top Brass at Head Office are also very annoyed about the situation and are now doing their upmost to resolve the matter to everyones satisfaction.
After a meeting in the London office it has been agreed that the air-con units WILL BE REMOVED from the duplexes. A new technical team has been appointed and will inspect the site next week and come up with a solution.
Top Brass at Head Office are also very annoyed about the situation and are now doing their upmost to resolve the matter to everyones satisfaction.
Dean
May 3rd 2006, 12:21 pm
#58
MEL & JOHN
Joined: Dec 2005
Posts: 720
Re: Costa Esuri Duplex problem
BRILLIANT NEWS for all you Duplex owners - what a relief !!
Also it restores some faith for all of us in Fadesa
Well done to all those who took the action to get this response
Best Regards
Mel and John
Also it restores some faith for all of us in Fadesa
Well done to all those who took the action to get this response
Best Regards
Mel and John
May 3rd 2006, 1:27 pm
#59
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Joined: Mar 2005
Posts: 100
Re: Costa Esuri Duplex problem
Originally Posted by widgey77
LIGHT AT THE END OF THE TUNNEL.
After a meeting in the London office it has been agreed that the air-con units WILL BE REMOVED from the duplexes. A new technical team has been appointed and will inspect the site next week and come up with a solution.
Top Brass at Head Office are also very annoyed about the situation and are now doing their upmost to resolve the matter to everyones satisfaction.
After a meeting in the London office it has been agreed that the air-con units WILL BE REMOVED from the duplexes. A new technical team has been appointed and will inspect the site next week and come up with a solution.
Top Brass at Head Office are also very annoyed about the situation and are now doing their upmost to resolve the matter to everyones satisfaction.
May 3rd 2006, 4:06 pm
#60
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Posts: 2,377
Re: Costa Esuri Duplex problem
Thank goodness for that! 