CLAIMING YOUR DEPOSITS BACK ON AN OFF PLAN PURCHASE

IF THE DEVELOPER IS IN BREACH OF CONTRACT (does not complete on time, has problems with building licences or licence of first occupation, has built a property not in accordance with what was offered to you originally etc ) YOU CAN CLAIM YOUR MONEY BACK. The sooner the better, as it important to act before the builders assets disappear.

IF THE BUILDER HAS BREACHED THE SALES CONTRACT, AND YOU HAVE BANK GUARANTEES OR HE HAS ASSET TS THIS IS A GOOD CASE.
We will look at your case and decide if it is worth it for you or not. We can not guarantee a result, but we will do our best for you. We will be realistic about your possibilities and will not push you into initiating a case if we do not think it is worth if for you. We DO charge for initial consultation on these matters. Our fee for a one to two hour consultation to discuss claiming back your deposits on an OFF PLAN is 150 euros. If we consider your case is good, we will prepare a budget in writing (in general we charge in accordance with the guideline of recommended fees established by the law society). At that point their is no obligation to hire us , and is you wish to request a second opinion on your case, we have no problem and will be very happy to discuss with you any contradictory advice that you receive when requesting that second opinion. If after our first meeting and receiving our budget you wish to have a further meeting to discuss any second opinion you may have requested, any points discussed at the first meeting or the budget, we will be happy to organise this for you. (their is NO CHARGE for this second meeting).

IMPORTANT POINTS TO CONSIDER:
START CLAIMING AS SOON AS POSSIBLE (TODAY). (face the situation as soon as possible. Sit down with us and make a decision. It the decision is to claim the sooner the better).

THE IMPORTANCE OF DECIDING IF TO CLAIM OR NOT. (sometimes this is very clear to us, and others, we ourselves will have doubts, but we will have some insight into your case that you will not have. We will provide you with as much information as possible to help you with the decision). Sometimes we will ask you for a fee to spend time researching if the claim is worth making or not. This fee can sometimes save a lot of money.

IS THEIR A BREACH OF CONTRACT BY THE BUILDER?

ARE THEIR BANK GUARANTEES?

HAS THE BUILDER GOT ASSETS?

THINGS TO CONSIDER TO ASSESS THE CHANCES OF YOUR CLAIM: Litigation should not be entered into light heartedly and therefore we need to carefully study your case before deciding if a court case is the correct option.

1. You must only sue on essential grounds. ( example:claiming the resolution of the contract and hand back of all moneys based on a non working tap is not a good idea)
2. You must have the correct paperwork to prove your case.
3. You must use correct procedure. Do not enter a criminal case if it is civil case.
4. If you are suing for breach of the timescale of the contract , it is better to sue while the builder is still unable to complete.
5. Force Majeure is sometimes considered a legitimate reason for late completion.
6. If you claim more compensation than you deserve , beware because the judge can award costs against you.
7. Make sure that the builder has asset-ts before you initiate a court procedure. (if their are NO ASSETS, you will not get back any money even if you win your case).
8. Always look into cashing of bank guarantees before suing the builder. It could be the simplest and most effective way of getting your money back.
9. If your builder is getting into trouble, be the first or amongst the first to take legal action. (when people start suing a builder, they tend to run out of money and assets fast)