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-   -   Forced completion (https://britishexpats.com/forum/spain-75/forced-completion-670101/)

CAROL ELIZABETH May 29th 2010 10:48 pm

Re: Forced completion
 

Originally Posted by Loco (Post 8598730)
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

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.

CAROL ELIZABETH May 29th 2010 10:49 pm

Re: Forced completion
 

Originally Posted by Loco (Post 8598730)
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

Can you explain what cc 1504 means please?

chrismortley May 29th 2010 11:27 pm

Re: Forced completion
 

Originally Posted by CAROL ELIZABETH (Post 8599284)
Can you explain what cc 1504 means please?

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

Carol&John May 30th 2010 12:50 am

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

jdr May 30th 2010 2:45 am

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 ?

CAROL ELIZABETH May 30th 2010 5:50 am

Re: Forced completion
 

Originally Posted by jdr (Post 8599594)
Surely they must of breached the contract first if they did not supply the property as they advertised it and on time ?

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.

Loco May 30th 2010 9:13 am

Re: Forced completion
 

Originally Posted by CAROL ELIZABETH (Post 8599282)
I trusted my lawyer to do as I asked and it is all in writing. Is there no come back from that?.


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

Best

Loco

Loco May 30th 2010 10:19 am

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



Originally Posted by CAROL ELIZABETH (Post 8599284)
Can you explain what cc 1504 means please?



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