I dropped out of a new bulid proerty in Spain due to Mortage problems, it did go to court and lost as i didnt want it to go any further. I lost my money large amount and the bulider kept the property now hew is asking for damages? how can this affect me as im a British citezen?
System of Law: EU
A Spanish Lawyer represented me in a Spanish court due to me working over seas. I tried to purchase a new build however at the time i was told i could have a Mortage then 2 years later after it was bulit they said no and my salary was the same. So i said ok lost the court case so i said thats it and walked away losing my money and the bulider gets both of best worlds now they are asking for damages of 45 thousand euros i want nothing to do with this as i thought it has all past.
Thank you for your question.
Have you received a formal notice of proceedings from the Spanish builder?
I look forward to your response.
All this has been going on since 2008 I just want to wash my hands with it, how can they ask me for Damages when he got my deposit and the house he bulit?
I understand that this is causing you distress.
Please could you tell me if you have received a formal court summons from the Spanish builder?
No i havent just a letter stating my home address along with passport numbers for myself and partner. It states you owe me 45 thousand Euros in Damages surely Spanish law can summonse me over here in the uk?
In theory, there may be a possibility for the seller to lodge a claim for damages in the event that a property sale does not take place under Article 1451 of the Spanish civil code. However, it appears that you were not responsible for the breach of contract, since it was due to the fact that you were not provided a mortgage contrary to what had been promised to you.
I suggest you ignore the letter at this stage.
In the event that you obtain a letter from a lawyer, I suggest you write back and say that the issue has been dealt with by the court and that the court did not hold you responsible for damages for 45,000 euros, only for the deposit. The case has been decided and that is therefore the end of the matter.
Now, in the event that you were summoned to court, you have two options. You could instruct a lawyer to defend the case.
Alternatively, you could do nothing. Since this is a civil case, you cannot be arrested. In the event the court finds against you, it would be by way of default judgment. As a result, although there is a regulation on enforcement of judgments in the EU, it excludes the possibility of recognition where judgment has been given in default.
I hope this answers your question. Please don't forget to click accept. Thanks in advance.
12+ years experience // Masters in EU Law
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