The delivery of my holiday home has been one-year delayed

The delivery of my holiday home has been one-year delayed

 

I am purchasing a holiday apartment and have recently received a letter from my builder notifying me that completion will be delayed by over a year and that I have a deadline to submit any allegations. Am I entitled to claim damages in respect thereof? My purchase and sale contract does not include damages for delay clause, neither discharge the builder from non-compliance with the delivery date, or describe the steps to be taken. Is there any legal protection in my particular case? What type of damages can I claim? Under no circumstances do I wish to terminate this agreement but obviously, I cannot claim its compliance.

 


It is possible to regulate in a purchase and sale agreement the obligation to deliver the property under construction, by establishing a deadline and economic penalty in favour of the purchaser for specific delay periods in the delivery.

 


Should the purchaser be no longer interested in the purchase due to delay in the agreed delivery date, he or she may opt to terminate the contract, or otherwise opt for the agreed economic penalty or damages for delay.

 


In your particular case, the purchase and sale agreement for holiday apartment between you and the builder does not regulate the seller’s obligation to deliver the property within a contractual deadline.

 


According to Spanish jurisprudence, in this case, delivery within a specific period cannot be considered as an essential aspect.

 


However, although no delivery date has been agreed in writing, it can be inferred from the contract and the letter sent to you that there is a verbally agreed deadline and that the builder acknowledges his delay. Therefore, you are entitled to claim damages for delay.

 


Apart from a likely moral damage, which is difficult to quantify and succeed, the damage consists of the impossibility to enjoy of the apartment for holiday purposes during more than a year: summer holidays, Easter Holidays, weekends or bank holidays…

 


You should quantify the damages; check all the documents and claim any expenses arising out of having had to spend holiday periods in other accommodations. Likewise, you should claim any other expenses resulting from the delay.

 


You could also affirm that due to the delay you have not been able to rent the apartment to a third party, with its subsequent economic loss.

 


If there is no agreement, you may opt to go to courts, always provided that you prove the existence of damages and their quantification.

 


Kind Regards

 


Gonzalo Blanco
C/Reina 21 Xativa. VALENCIA
C/Mero 4 , Dénia. ALICANTE
Telephone: 96 6420719
This email address is being protected from spambots. You need JavaScript enabled to view it.">'+addy_text63562+'<\/a>'; //-->
http://www.lawyerblanco.com

 

I am purchasing a holiday apartment and have recently received a letter from my builder notifying me that completion will be delayed by over a year and that I have a deadline to submit any allegations. Am I entitled to claim damages in respect thereof? My purchase and sale contract does not include damages for delay clause, neither discharge the builder from non-compliance with the delivery date, or describe the steps to be taken. Is there any legal protection in my particular case? What type of damages can I claim? Under no circumstances do I wish to terminate this agreement but obviously, I cannot claim its compliance.
It is possible to regulate in a purchase and sale agreement the obligation to deliver the property under construction, by establishing a deadline and economic penalty in favour of the purchaser for specific delay periods in the delivery.
Should the purchaser be no longer interested in the purchase due to delay in the agreed delivery date, he or she may opt to terminate the contract, or otherwise opt for the agreed economic penalty or damages for delay.
In your particular case, the purchase and sale agreement for holiday apartment between you and the builder does not regulate the seller’s obligation to deliver the property within a contractual deadline.
According to Spanish jurisprudence, in this case, delivery within a specific period cannot be considered as an essential aspect.
However, although no delivery date has been agreed in writing, it can be inferred from the contract and the letter sent to you that there is a verbally agreed deadline and that the builder acknowledges his delay. Therefore, you are entitled to claim damages for delay.
Apart from a likely moral damage, which is difficult to quantify and succeed, the damage consists of the impossibility to enjoy of the apartment for holiday purposes during more than a year: summer holidays, Easter Holidays, weekends or bank holidays…
You should quantify the damages; check all the documents and claim any expenses arising out of having had to spend holiday periods in other accommodations. Likewise, you should claim any other expenses resulting from the delay.
You could also affirm that due to the delay you have not been able to rent the apartment to a third party, with its subsequent economic loss.
If there is no agreement, you may opt to go to courts, always provided that you prove the existence of damages and their quantification.

 


Kind Regards
Gonzalo Blanco
C/Reina 21 Xativa. VALENCIA
C/Mero 4 , Dénia. ALICANTE
Telephone: 96 6420719
This email address is being protected from spambots. You need JavaScript enabled to view it.">'+addy_text35365+'<\/a>'; //-->
http://www.lawyerblanco.com

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