We bought a property off plan in Spain in 2005. We wanted to cancel our contract and our solicitors said we could not. I asked a second opinion from another law firm, after reviewing our purchase contract they said we would get our 80,000 euro deposit back, 100% guaranteed . 3 years and 5,000 euros in fees later we lost the case. They made a new case saying it was unlawful to keep the property and our deposit, 2 years on we lost this case as well.Now the want another 2,300 euros to appeal!Am I throwing good money after bad? How can they guarantee a win and lose?
Everything I can, I've just lost faith, but it's so much money to just give up!
Hi Sir, I am an spanish solicitor. In order to give you a correct answer I need more info from you.
The house is finish now?
You got a contract with a date to give you the hause finished?
What was the reason to decline of the contract?
The law in Spain says that if you make a contrat to buy something and you give a deposit when the date of taking the hause comes you lose the money if you do not want to buy, you decline, or you get the double of the deposit if the seller can´t give the house on time.
I will be here to answer you thank you
The property was completed in May 2007. It was supposed to be completed in October 2006.I decided I did not want the property because it was late in finishing and I was pregnant by then and our plans to move to Spain changed because of the pregnancy and my health.The developers said the delay in completion was not their fault because of strikes etc.We however Lost the case and the appeal.The developer took back the property, cancelled our contract and kept our deposit of 80,000 euros.My law firm started another case saying it was unlawful to keep 100% of our money, I have been to court 3 times in 5 years. We just lost this case too.My lawyer wants 2300 more to appeal??She guaranteed we would win , we Lost again , what can I do about her?
Hi again and thank you for the further information
The spanish law is clear, even if the contract say the reverse thing it will be null.
Once you got the contract to get the house in Octuber 2006 and you give the deposit and they do not perform the contract, then you got the right of desist of it and get the double of the deposit made
I wonder why you lose at the firse time, I have not idea why, because the law have to protect your rights as a consumer.
May be something was wrong later on, but for sure, if you had demand them in 2006 to give the double of the money they will be force by judge to give it to you
Its a simple thing, they have broken the contract and the law says that they have to pay duble of the deposit
My advice its to trust on the appeal, because if they do not give you the house on time, they have to pay you and you do not have obligation of taking the house
I hope my answer was of assistance to you. Kindly leave feedback
I can not trust on the appeal , this is a different case, please read again the second part of my email,We lost the original case and the appeal! This case is about them keeping 100% of the deposit, also can I sue the lawyer who guaranteed I would win?
Well, in the lawyer didn´t managed the case in the right directtion the true its that the developer can keep the hause and the money because its you the one who has broke the contract
I mean, if in 2006 you had demand the finished house and they had not give to you, you had got the right of ask for the double of the deposit, but it you didn´t, he has the right to ask you for the rest of the money if you dont want the house
I have not idea who´s guilty for you lose the money but the right thing its that if the ask you, even late, to go to the notario to sign fot the propiety documents and pay the rest and you didn´t go, they have the right to keep the money and the house
May be your answer its to take all the documents and send them to another solicitor, in order to ask for civil responsability to the first one for profesional negligence
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