A COMPLICATED CASE
Submitted by Gala Placidia on Tue, 02/16/2010 - 10:53In reply to A newbie all over again! by Annec
Hi Alan, sorry to hear about your predicament. It is a very complicated case where you need advice and guidance from a clever lawyer. If you are unhappy with the way your local avvocato is handling your affairs, it would be better to engage another lawyer. What are the other four people who bought the remaining apartments? Have you had any contact with them? Best wishes
1 of the appartments has been
Submitted by Alanino on Tue, 02/16/2010 - 11:42In reply to A COMPLICATED CASE by Gala Placidia
1 of the appartments has been sold to a family - who have paid quite a substantial deposit. We have been in contact, yes, but she has her own lawyer who seems to be not doing very much either. 2 other appartments have been bought by the engineer/surveyor and labourer who actually worked on building the property. Now whether they have actually paid a deposit or was given the appartment in lieu of work done, I dont know. 1 appartment remains unsold. Last time I looked at some numbers, the cost of finishing the property is about 250k - and the amount still to collect from people was slightly more. And this would also leave one appartment to sell - bringing in an estimated further 160k. When you look at these figures its a no-brainer - however the bank are owed about 300k as well. So doesnt look so attractive then. Otherwise I would have offered to finish it myself.
Sorry to hear your sad tale.
Submitted by bunterboy on Tue, 02/16/2010 - 11:51In reply to A newbie all over again! by Annec
I can recommend solicitor
Submitted by Penny on Tue, 02/16/2010 - 12:27In reply to A newbie all over again! by Annec
Alanino, what a nightmare.
Submitted by Capo Boi on Tue, 02/16/2010 - 14:33In reply to A newbie all over again! by Annec
Alanino, what a nightmare. Wish you well. You really need a lawyer specialising in property disputes here. (not a generalist). As Penny says, maybe Charlotte Oliver can help. Alternatively, The Italian chamber of commerce in the UK (1 Princess Street, London 020 74958191- I think) may be able to point you in the right direction). Your point 2 was interesting. I'm not sure how generally well known this is, but its by no means uncommon for those involved on a site to be "paid" by receiving part of the build.
What a mess - as regards
Submitted by Ram on Thu, 02/18/2010 - 07:41In reply to A newbie all over again! by Annec
What a mess - as regards whether the estate agent is negligent - I would say you have a reasonable case. The decree of June 2005 (no122) is concerned with buying off plan. By the date of the compromesso the builder/seller must have deposited a sum equivalent to the caparra with a bank or insurance company to guarantee all the money that the builder will pocket up until the property is handed over to the buyer. If this is not done the compromesso is can be annulled only by the buyer. In this case the estate agent should have cjhecked that there was the sum lodged with the bank, and he was negligent in allowing you sign the compromesso, as well as the builder acting illegally. Although the law can be a nightmare, in my experience a judge faced with such facts will order the immediate restitution of the caparra (and possibly the agents commission). Of course that is no guarantee that the heirs will do so. However, it also depends on whether the apartments were built with a full concessione edilizia and other procedures completed.