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buying off-plan abroad - cancel contract

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Comments

  • tradetime
    tradetime Posts: 3,200 Forumite
    Trollfever wrote: »
    Is this thread real, or just a wind-up?

    Was also wondering the same thing as a lot of it doesn't quite make sense, but was bored so thought I'd play along.
    Hope for the best.....Plan for the worst!

    "Never in the history of the world has there been a situation so bad that the government can't make it worse." Unknown
  • pinkshoes
    pinkshoes Posts: 20,695
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    avicola wrote: »

    We were just so assured that this would not happen. We have just been lied to again and again by the estate agents who we trusted as they have every award going.

    Everyone knows that estate agents lie to make a sale, so if you went as far as trusting the estate agent, do you at least have IN WRITING that they would DEFINITELY be completed the given date, due to all the penalties that the EA mentioned?

    If you have nothing in writing, then you'll just have to kiss goodbye to the £100k, and put it down to stupidity and perhaps greediness.

    If you're already looking at losing £100k, then you might as well spend another £2k on an english speaking spanish lawyer, who will go through your paperwork and tell you if you're screwed or not.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • avicola
    avicola Posts: 65 Forumite
    well, it was a very long shot posting the thread, I know.

    A few points just in case there is anything good that can come of it.

    We paid the 35,000 euros x 7 out of money left to me when my mother died. yes, her hard earned cash that i was hoping would bring me in enough money for my retirement and to leave a significant amount to my children.

    at that time the market in Tenerife was booming and the exchange rate was good. Buying off plan is common practice and people rarely have the money to actually purchase them.

    We bought them purely as a speculation to sell, which the estate agent said would be no problem and they usually sold the same property 2 or 3 times before it was completed.

    Theoretically, they have been for sale since the day we bought them. They have been for sale in earnest for a year now with the sales manager and his team of 7 'doing everything they can.'

    The sales manager left the company 3 weeks ago, just after our meeting when he said the completion date would be October.

    Right now the two directors are on holiday, which isnt helping.

    The PA to the directors has asked for a stay of execution from the developers which they have refused.

    I agree that we would be lucky to get half the money back.

    I will look at the links given
    and sadly it is not a wind up.
  • Rick62
    Rick62 Posts: 989 Forumite
    So if I have this right, you paid £203k deposit with a further £840k committed without reading the contract in a market you had no understanding of?

    Where did you expect to find £840,000? What are the apartments worth now? Why would the developers give any of your deposit back if you pull out?
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Jorgan_2
    Jorgan_2 Posts: 2,270 Forumite
    avicola wrote: »
    at that time the market in Tenerife was booming and the exchange rate was good. Buying off plan is common practice and people rarely have the money to actually purchase them.

    Part of your problemis that it is three years since you first decided to buy, a lot has changed in that time. Why take so long to get themback on the market?
    pinkshoes wrote: »
    Everyone knows that estate agents lie to make a sale, so if you went as far as trusting the estate agent, do you at least have IN WRITING that they would DEFINITELY be completed the given date, due to all the penalties that the EA mentioned?

    The vast majority of EA's do not lie to make a sale. The penalties & dates would have been in the contract dealt with by the solicitor.
  • markelock
    markelock Posts: 1,735
    Part of the Furniture Combo Breaker
    Forumite
    get the EA's to explain the terms of the penalties. Would you have any rights under misrepresentations of the sale by the EA's? I'd also think about getting some expert legal advice, even if it costs another £1k, it's not much compared to your current £exposure.
    Remember the time he ate my goldfish? And you lied and said I never had goldfish. Then why did I have the bowl Bart? Why did I have the bowl?
  • beecher
    beecher Posts: 2,497 Forumite
    avicola wrote: »

    We paid the 35,000 euros x 7 out of money left to me when my mother died. yes, her hard earned cash that i was hoping would bring me in enough money for my retirement and to leave a significant amount to my children.

    at that time the market in Tenerife was booming and the exchange rate was good. Buying off plan is common practice and people rarely have the money to actually purchase them.

    We bought them purely as a speculation to sell, which the estate agent said would be no problem and they usually sold the same property 2 or 3 times before it was completed.

    You've bought into a pyramid scheme - buying off plan with the hope of selling properties at a profit only works as long as the boom continues, and it never lasts forever as you've found out to your cost.

    What is your solicitor saying about all this? You need someone who can look at the contract immediately to make sure you're not liable to pay the remaining £800k+
  • SouthCoast
    SouthCoast Posts: 1,985 Forumite
    Bearing in mind the amounts being discussed, I think your only hope is to try and get the media interested in your story.

    Clutching at straws I know.
  • avicola wrote: »
    people rarely have the money to actually purchase them.
    avicola wrote: »
    We bought them purely as a speculation to sell, which the estate agent said would be no problem

    just from your above post is clear that something doesn't add.

    Unfortunately you have been caught out in a modern-day pyramid scheme. You took a risk in the hope of making a big profit on very little effort and it hasn't worked out. Best you can do now is investigate the late completion penalties + hope you can walk away just loosing 50% of your deposit. I think you do need to get a good Spanish lawyer also.

    Next time you have a large sum of money to invest maybe get some independent financial advice - not just the views of an estate agent!! I'm sure you have learnt these lessons now and I hope you can get out of this with the minimal of losses. Good luck.
  • avicola
    avicola Posts: 65 Forumite
    SouthCoast wrote: »
    Bearing in mind the amounts being discussed, I think your only hope is to try and get the media interested in your story.

    Clutching at straws I know.

    Well, it is something like that which might work.

    I am so embarrased by my stupidity though that I would hate to be named.


    But I might have to.
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