Can our builder sue us and force us to complete after keeping our deposit?

I paid a deposit on a appartment 2 years ago its now finished and the bank has aproved the morgage but we cant aford it with all the extras its more than we can afford so we told our lawyer now she tells me that the builder is going to sue us and force me to complete he also tells me he will make me sale my other spanish house that my parents live in to pay for it the apartment cost was around €130K and I paid €45K deposit and the lawyer told me he would keep all of this and that would be the end of it but he is now thretening this can he do this?

Dear Sir,

The topic of forced completion has been covered extensively in this website. Please use the search function on the top right hand.

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When you sign a Private Purchase Contract (PPC) to buy off-the-plan property you are commiting yourself to buying it. It is mutually binding. One cannot pull out of the PPC unless there's a legitimate reason acceptable to a law court.

On you breaching this PPC when the developer has attained what is known as a Licence of First Occupation from the Town Hall they will immediately send you or your lawyer a registered letter compelling you to complete within a given deadline before a Spanish Notary public.

If you failt to close on the property, the developer as per your contract can withhold a percentage of your deposits as penalty and can, at his free will additionally sue you demanding fulfillment of the contract, that is that you complete. They will chase you abroad if necessary.

The worst thing buyers can do is duck their heads in the sand hoping problems will go away on their own. This attitude is what makes you eventually lose your properties abroad.

You must find out w¡th your lawyer if they have already attained the LFO or not. If they have already attained the LFO we are unable to assist you. We do not recommend in general to litigate once the LFO has been granted by the Town Hall as you are bound to lose at court (read reason number three):

10 Reasons Why Your Case Against a Spanish Developer May be Thrown Out of Court - 30th September 2008

Yours faithfully,
Raymundo LarraÃ*n Nesbitt