View Full Version : when is cancelation not a cancelation

06-21-2009, 08:08 PM
Hello, and thanks to everyone who contributes here - I have learned so much.

I have a contract which states completion will be October 08, with 3 months grace - taking me to February 09. The properties are still not fully ready, and no LFO as yet on 21st June.

My lawyer wrote to the developer on 1st March, cancelling the contract, but the developer refuses to accept this. I have a 'valid bank guarantee', but the bank will also not refund or even respond to lawyers requests in writing. Both say properties will 'be ready shortly' so I can't cancel or claim!

A complication is that the developer tried to vary the contract to March 09 + three months grace. The agent (Andalusian Dream homes) put extreme pressure on us to accept this change, but we refused verbally and in writing and through our lawyer. I understand from the information on this site that this means the original contract stands - is this correct?

I understand that it is probably too soon to litigate (and I do not have the money for a court case). By the time it is appropriate in any case, the properties will probably be ready - then where do we stand?

My contract says developer can cancel if I am 2 months late in completing, and keep half deposit. Can he take legal action to force completion, and just ignore the fact that I cancelled?

Nothing in contract to say what I can do to cancel - although I have and they refuse to accept it! Does this mean contract is abusive, and if so does it strengthen my case?

I no longer want to live in Spain - my husband is ill and although Spain has a good health care system the language problem would make things difficult, and I would not want to live there alone as a widow!PLus the way we have been treated so far does not make me feel particularly secure

any help much appreciated

Lawbird Lawyer
06-22-2009, 11:39 AM
Dear Madam,

I would really need to examine a copy of your Private Purchase Contract before I am able to reply to your query.

You can contact us by email. (http://www.lawbird.com/services/contact)

Once the developer has attained the LFO, yes he can in fact either withhold your deposits (whatever has been agred in the PPC, in your case half it seems) and or sue you for completion if he wishes as you've breached th PPC by not closing.

This is explained in detail in the following thread:

forced complete (http://www.marbella-lawyers.com/forums/showthread.php?t=69)