PDA

View Full Version : If we fail to pay our stage payments, can a developer sue us in England?



Simom_
01-31-2010, 07:43 PM
If we do nothing and write off our stage payments, can a developer sue us in England for the balance owing? Do agreements exist between our two countries which could force us to go to Court in Spain do you know?

Lawbird Lawyer
02-01-2010, 10:09 AM
Dear Sir or Madam,

If you breach your Private Purchase Contract a Spanish developer will sue you in Spain normally, as the PPC is subject normally to the Spanish jurisdiction unless specifically agreed otherwise. Once he's obtained a ruling he can then execute it in England, yes.

It's a two-way street. We, for example, are hired every week on behalf of UK law firms or creditors to secure charges against Spanish assets belonging to debtors owing money in the UK:

Recognition and Enforcement of Foreign Court Rulings (http://www.lawbird.com/services/view/59/Recognition-and-Enforcement-of-Foreign-Court-Rulings)

EU Directive 44/2001 allows this in member countries.

You have many threads on the issue of forced completion by developers:

forced complete ( 1 2) (http://www.marbella-lawyers.com/forums/showthread.php?t=69)
Unregistered

chased to complete (http://www.marbella-lawyers.com/forums/showthread.php?t=616)
abo07

What remedies does a developer have to enforce completion (http://www.marbella-lawyers.com/forums/showthread.php?t=582)
Unregistered

Will i lose my uk home (http://www.marbella-lawyers.com/forums/showthread.php?t=626)
Unregistered

Property was bargained away and we are being chased for the shortfall. Please help! (http://www.marbella-lawyers.com/forums/showthread.php?t=617)
Wendy

We have a specific sub-forum dealing with this type of queries:

Cancellation of Property Purchase Contracts (http://www.marbella-lawyers.com/forums/forumdisplay.php?f=13)


Yours faithfully,
Raymundo Larraín Nesbitt