After four years and having even signed the private purchase contract, the developer has not handed over one of the apartments in the said development due to a unilateral decision not to build it.
Handover of the property was expected in the summer of 2004. Aifos told the purchaser that it was not possible to build the apartment due to technical reasons. As compensation, the developer has offered the purchaser a property in an adjacent block where the characteristics, views and location are of significantly lower quality than the initial property.
Seemingly, this purchaser is not alone in that many people are faced with this problem. Obviously those affected are furious over this, especially due to the fact that the properties would have been bought for approximately €85,000 and now currently stand at a market value of more than €145,000.
The aforementioned purchaser has since instructed the law firm Lawbird Legal Services to initiate proceedings against Aifos so that they comply with their part of the agreement, either by handing over a property of the same standards as that on the initial contract or by reimbursing the purchaser for damages caused.
Conclusion:
Unfortunately, this is not the first time Aifos has let their clients down. Numerous irregularities have been detected in Aifos developments, such as the case with the Danish couple in the development El Carambuco. These people won their case against Aifos through the courts when the developer decided not to build El Carambuco, in which the couple had reserved an apartment for three whole years.
Non-compliance of contracts on the vendor’s part is clearly stipulated in Spanish legislation for the protection of the purchaser who may be faced with problems such as the one mentioned above.
