PURCHASE AGREEMENT RESOLUTION ON HOUSING PLAN. TERMINATION AGREEMENT ON HOUSING SALES PROMOTER OR IF THE BUILDER HAS FAILED. MONEY BACK GIVEN MORE INTEREST.
PURCHASE AGREEMENT TERMINATION ON HOUSING PLAN. RESOLUTION OF HOUSING CONTRACT WHEN THE PROMOTER OR THE MANUFACTURER HAS BEEN DELAYED IN DELIVERY. THEREFORE GIVEN MORE MONEY BACK FROM THAT INTEREST PAYMENTS MADE.
If the developer or builder has failed, the plan purchaser has delivered quantities, is protected by Law 57/1968, of July 27, regulating the perceptions of sums advanced by the construction and sale of homes. The law requires the seller, builder or developer is developer to include in the contract the obligation to return the money if delivery is delayed and sign buyer guarantee or insurance for the buyer to cover this commitment.
There are many companies that fail to meet even the obligation to include such obligations in contract and not fulfill the obligation to ensure the amounts for buyers. But what is more amazing is that many judges, applying the general theory of contracts, sometimes give reason to developers and builders noting that only the final failure (do not get to deliver the housing) or really significant delay ( long) justifies the termination of the contract and refund the buyer. And on the breach of guarantee or insurance have been granted to the purchaser many judges say it is a breach accessory (not a fundamental breach which justifies that the buyer can terminate the contract) or is simply a failure to comply with administrative but not contractual significance .
In short, the fact that the developer has failed sometimes does not entitle the buyer to terminate the contract because the developer to return the money with interest.
Our extensive experience in this field indicates that lawyers must prepare very well each claim, with much case law, with many arguments and evidence to ensure that judges have the most information about contracts of sale of property off plan, and no guided simply by the general theory of contracts.
As lawyers on contract terminations housing plan also advised to seek expert counsel. If you want you can contact us by writing an email to arriaga.abogado @ gmail.com or by calling 902 090381, explaining his situation, without any commitment on your part.
In Arriaga Associates have the winning record so far all the cases against Martinsa Fadesa, with interest from the payments were made and our clients have always taken a month to know the verdict.
Jes√ļs Mar√≠a Ruiz de Arriaga
Martinsa Fadesa affected. Lawyer, economist and consultant.