Poor Build Quality on finished apartment
 

Not sure where we stand with this one! just travelled to Costa Esuri this weekend to see our completed apartment and wow what a shocker! The who apartment is visibly very damp with warped and cracked wardrobes growing mould on them, visble damp patches all over the ceiling, we are very concerned with the structure as there are large cracks on the terrace above and I am feared the penthouse above will land on top of us! No one has moved into the complex yet however we are not on our own with our concerns. The developer agreed with everything we said which really did not give us much confidence with our thoughts. Does anyone have any suggestions on where we stand legally - we do have a lawyer but to be honest a complete waste of time. Any comments would be most welcome.

Re: Poor Build Quality on finished apartment
 

Do you still owe them monies?

Re: Poor Build Quality on finished apartment
 

Yes we do, luckily we have not completed yet but they have a large chunk of our deposit! Our Solicitor is pressurising us to send over money!

Re: Poor Build Quality on finished apartment
 

YOUR solicitor????
Your solicitor should be speaking to the developer / builder to get the matter sorted out to your satisfaction. I wouldnt be handing over any more money until they have done a great deal of snagging if I were you.

The solicitor isnt linked to the developer is he ... or recommended to you by them

Re: Poor Build Quality on finished apartment
 

not as far as we are aware but who knows - we are very sceptical about the whole legal system in Spain from the stories we have heard!

Re: Poor Build Quality on finished apartment
 

Well .... how did you come by the solicitor in the first place? How did you find out about him?

Re: Poor Build Quality on finished apartment
 

He was recommended by the Estate Agents in the UK but they have now gone bust. The solicitor is based in Marbella.

Re: Poor Build Quality on finished apartment
 

Costa Baby,
I have huge sympathy for you as this must have been such a massive disappointment.

Completely agree with Mitzyboy, you need to be hammering your solicitor to get this resolved. If they aren't prepared to, then you may want to consider severing links with them (check any cost implications) and finding a local one who will do the job properly and represent your interests. I made a similar mistake and accepted a solicitor recommended by a British agent. They never acted in my interests and in the end I got rid of them, at a cost.

You haven't said which developer you bought from; if it's MF then I think you could have a major problem with getting any snagging done.....and this sounds like major snagging. Since they hit trouble, trying to get anything done is a problem. If it's not MF then the outcome could be different. Whoever they are, definitely, definitely don't part with any money until this is sorted. Alternatively, you could be in a strong position to do a deal with the developer, reduce the amount outstanding by a material amount and get the work done yourselves by a reputable builder. I'm sure there are plenty of posters on here who will weigh into this with their thoughts, on what you should/shouldn't do. Maybe our wonderful Spanish Lawyer could offer you some expert guidance, rather than well intentioned amateurs like me.

Whatever happens I wish you luck and hope that your position improves.
:fingerscrossed:

Re: Poor Build Quality on finished apartment
 

Ahhh OK, water under the bridge but never use a solicitor who is recommended by the agent or developer you are buying from. They often dont have your best interests at heart. He should be getting at the developer, doing a deal for you rather than pressurising you to pay. Tell him to do his job and earn his money

Re: Poor Build Quality on finished apartment
 

The problem with paying out to remedy the problems yourself,is that its very likely that the problems in your apartment are probably the same in the whole complex,and paying for repairs would be throwing money down the drain
as its possible the whole building is in a similar state.Does the Spanish construction industry have a similar set up as our NHBC where purchasers have an opportunity to make a claim against poor build quality? You pay your solicitor to work on YOUR behalf.Its sounds as if he's representing the builder.

Re: Poor Build Quality on finished apartment
 

Not the same as the NHBC buildmark as such, but you should have (and I mean by law) seguro decenal (decennial insurance) on the new build, covering you for periods of between 1 and 10 years depending on the nature of the defect. This seguro should be amongst your purchase paperwork...ask your lawyer for a copy. Do not go any further until you have verified this in in place.
However, your best bet would be to have an independent snagging survey done (pref along with any other purchasers who feel similarly aggrieved) BEFORE you complete.

Re: Poor Build Quality on finished apartment
 

Thanks you, AndyS.

CostaBaby, if you need legal advice I can write me. I assure you that the Spanish legal system is not bad (only slower).

Regards.

Re: Poor Build Quality on finished apartment
 

As I understand it, the building has to be inspected at certain intervals during he build to allow this insurance, although you'd probably know better than I.

Re: Poor Build Quality on finished apartment
 

I was watching GENTE on TV España today and some Spanish had bought flats in Madrid and nothing but nothing was good...damp...garage door did not lock...roof to garages leaked so no one was willing to leave the cars in there... some ceilings had fallen down in the flats...etc....all of this has taken over 3 years to get to court. Well the first hearing is next March. So I understand when you say you are very sceptical about the whole legal system in Spain.

It will take a long time to get things sorted out.

Re: Poor Build Quality on finished apartment
 

Hi Costa

There are still a number of us who have not completed in spite of pressure (by MF and with no sound advice from local lawyers) due to poor quality amongst other things. Trying to exchange properties did not work due to high mortgages on other properties and due to reduced prices. For us we have spent the last 18 months trying to cancel our contract - we don't even hear from our solicitor anymore - we have no idea what progress has been made. We hear second/third/fourth hand that we might possibly get something back from our deposits many years from now. Sorry to be negative but I don't hold out much hope. Good luck