Forced completion
 

I did not get anyone answering this on the Ayamonte site - guess they are all so happy there they did not feel they could offer advice to those of us who are less than happy. So I thought I would post my problem on the general Spain site to see if anyone can offer advice.

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.

Since I posted the question I have spoken to my solicitor who says they cannot force completion or seize property and also had an email from a spanish lawyer who says they can. What exactly is the truth?

Re: Forced completion
 

I have sent you a pm with a link that may be useful to you.

Good luck.

Re: Forced completion
 

Thanks Big Wheels - I have registered with that site and I am exploring Spanish lawyers here in the UK

Re: Forced completion
 

Not sure what site that is, but you could try this one, David Searl answers questions there, he knows his stuff.
http://www.andalucia.com/forums/viewforum.php?f=41

Re: Forced completion
 

Hi

I registered here yesterday but my account is still inactive and I tried doing a search as a guest but could not find anything similar to our situation. But thanks for the advice.

Re: Forced completion
 

Not necessarily happy just that the question is a technical legal one and most of us are not competant or qualified to answer. I have suggested to you before that Maria de Castro who is a Lawyer in the Cadiz Province Andalucia and a specialist in consumer problems particularly related to Spanish property purchase in this Region would be your best advisor.

Re: Forced completion
 

Hi John

Actually I have had some good advice from both sites and I have followed up this advice. It may be difficult as things have worked out well for you to understand how awful this has proved to be for us and how urgently we needed to thing it through.

We are the victims here - we tried for nearly 2 years to get an exchange and MF wanted us to pay more for the pleasure of changing locations than houses that were coming on the open market and to take the houses that no one wanted. They very much limited our choice to 3 homes.

I agree we should have moved our solicitor a long time ago and I am sure you are right. However I know one or two others who are with Maria and whilst they have been supported better I am not sure any have managed to resolve the situation either. What I don't know is if they have received the same letter as us - perhaps Maria has managed to prevent it.

It is clear that negligence has taken place in our case, perhaps with others too - I am pleased that other members of this site have been able to offer support and advice - you don't always have to be a solicitor to be supportive.

Re: Forced completion
 

I don't know if you still have any Spanish bank accounts,but if still do & have money in them I would get it out A.S.A.P. The powers to be seem to be able to access & withdraw cash when they feel like it out there.
If they have to pursue you through The English Courts ,that sounds a very long drawn out process to me.

Re: Forced completion
 

Yes they can.

Someone I know had money taken out of their British bank account for an overdue fine in Spain recently (or it may have been the other way round, a British fine taken out of their Spanish bank account, I cant remember well).

So the border may not help you.

Re: Forced completion
 

This is a link from a local newspaper where the question is answered by a local solicitor.

http://www.roundtownnews.co.uk/index...3668&Itemid=38

It does sound a bit complicated.

Re: Forced completion
 

I think the best thing to do is to get legal advice in the UK to see what a spanish company can act on in the UK. Many of the spanish lawyers may be scaremongoring as they want about 6000 euro upfront wether they do anything or not. It is ok these spanish lawyers fishing for business on forums but they are not experts on UK law. Many promise you the earth and then do bugger all. In any event they cannot just put a charge on your UK assets without a court case, you can then counter sue for the reasons stated.

Re: Forced completion
 

Not an expert here ,But I think most of us have had money taken out of the blue from our Spanish bank accounts without any explanation for what ever reason.To the best of my knowledge it hasn't happened to me from any of my UK accounts .

Re: Forced completion
 

This seems sound advice to me.
God forbid the case ever went to court,@ least if it was heard in the UK you would understand what was being said in the proceedings

Re: Forced completion
 

I have found a UK based Spanish lawyer who thinks he is able to help - knows the circumstances and even the solicitors concerned.

Re: Forced completion
 

Bottom line is that CC 1504 probably applies and if you fail to complete MF will sue you and will peruse any assets you have in the UK.

I and others tried to help you for over two years on a pro bono basis but you did not listen.

Trust me you now need to instruct a decent specialist lawyer and you need to do so quickly.

Best

Loco


MF

Re: Forced completion
 

I trusted my lawyer to do as I asked and it is all in writing. Is there no come back from that? I have even said I will walk away from the deposits. I did not ignore what people said but I must admit we listened to the solicitor - as many others have done - even where they have changed there seems little change in the situation.

Re: Forced completion
 

Can you explain what cc 1504 means please?

Re: Forced completion
 

It doesn't google very clearly , but it looks like it't something to do with bankruptcy.
I'm sure one of the legal boffins will answer correctly very shortly

Re: Forced completion
 

No legal boffin here, but I think cc = código civil. So, "artículo 1504 código civil".

Re: Forced completion
 

Surely they must of breached the contract first if they did not supply the property as they advertised it and on time ?

Re: Forced completion
 

Does not seem as simple as that - initial deposit document said estimated completion April 2007 - was not ready then for sure but the official contract failed to put a date in even though the english example I was given did have a space for a date. Lots of people who completed tried hard to get the necessary improvements from the company, but it was a waste of time as the company went into administration and they were left to sort their own snagging and problems out. I am told the banks have reclaimed the unsold properties and they are selling well. I am not sure how true this is - I do know they are going at knock down prices and I am sure the builder would not have let me complete at that price even had I wanted to. It is good they are selling - it can only improve everything for everyone.

Re: Forced completion
 

You can sue your lawyer claiming professional negligence. I would advise against it but you should ask a Spanish lawyer.

Best

Loco

Re: Forced completion
 

Humble apologies as I left out the point and as Carol kindly points out CC means Código Civil.

Thus Artículo 1.504 Código Civil

In a nutshell, knowing a bit about your case, it means so long as MF has the LFO, which I guess they do as it looks like they are now serving notice on you if you don't now complete by the 15th of June normally they can keep your deposit and probably sue you for more as you are in breach of contract and their loses, given the downturn, will probably be greater than the losses.

As I said you need to get a decent lawyer and fast as you have until the 15th of June to respond.

I post below some links relating to the many issues you are now facing.

There are things you can do but YOU are now on the backfoot so please please now instruct a decent specialist lawyer.

Best

Loco



http://www.eyeonspain.com/forums/posts-long-7277.aspx

http://www.eyeonspain.com/forums/posts-long-8175.aspx

http://www.eyeonspain.com/community-...ompletion.aspx

http://www.eyeonspain.com/community-...-to-court.aspx