Mette and Jesper bought the house in 2001 from AIFOS. It was to be situated in a residential complex called “El Carambuco” and was to cost a total of €154,000. The couple put down €39,000 as a deposit and the developer said the keys would be handed over within twenty months. The couple became very anxious when months had passed and they had not received any handover notification.
Due to continuous handover setbacks, they decided to turn to the Malaga courts in July 2003 and it was at that time they found out that work on “El Carambuco” had been terminated. AIFOS told them that they were not going to build their house and that they would return the deposit of €39,000 along with 6% interest to compensate for any value increase of the house over the two years. The couple’s lawyer pointed out that this was only an insult as the value of this house in Benalmádena had in fact risen by 50% over that space of time.
After the property developer’s offer, Mette and Jesper decided to demand that AIFOS repay them the actual value of the house (taking into account the value increase) plus damages for the delay caused. They said it was a very hard decision to make because it meant that they had to get involved with a legal system they hardly knew.
LEGAL DELIBERATION
The couple therefore came to know Spanish law. They said it was difficult because the Spanish legal system is very slow and they knew it would be a long time before a judgment had been made. During those days of the ruling, Mette and Jesper camped on the plot of land so as to claim their rights. Finally, AIFOS agreed to pay them €85,000 – more than double the compensation they offered initially.
