Legal Advice Required - I know its going to be free and therefore worth nothing... :D

[GLOC]

As some of you may know, my ex-wife (in about 4 months) bought some property on Santiago, Cape Verde with an inheritance nearly 3 years ago.

The plan was for the properties to be ready May 2007 (24 months after signature). In the contract there was a 6-month flex period allowed to take into account the fact that this was the first development of its size on Santiago. If the properties weren't handed over before Nov 2007, then a compensation would be paid, value in the region of 50% of all monies paid into the properties. The wording in the original contract is "If the vendors are delayed for reasons attributable to themselves, then compensation will be paid."

Well, things haven't gone to plan and there is a continued delay. When my ex has complained and asked for the compensation, they have said that the delays have been down to the Cape Verdean bureaucratic process and therefore are not attributable to *****.

I think this is complete horlicks and the company should have made sure that all their ducks were in a row (or started dealing with the CV authorities earlier) and therefore the delays are due to the company.

My ex can't be bothered chasing things up as the money was an inheritance and therefore she wouldn't have had it anyway, she is busy looking after our 2 kids and works in a surgery to pay the bills.

I have a vested interest in what comes of it as I am due a percentage of the profits of the sale or the compensation if she decides to end the contract due to the continued cock-ups of *****.

So, any advice that the wise men and women of YD may have. Getting a proper lawyer to speak to is the first thing I know, but if they are right, then there is no point spending loads on what could be a non-starter.

Thanks in advance.

[hogen-deifar]

Originally Posted by GLOC

If the properties weren't handed over before Nov 2007, then a compensation would be paid, value in the region of 50% of all monies paid into the properties. The wording in the original contract is "If the vendors are delayed for reasons attributable to themselves, then compensation will be paid."

Well, things haven't gone to plan and there is a continued delay. When my ex has complained and asked for the compensation, they have said that the delays have been down to the Cape Verdean bureaucratic process and therefore are not attributable to *****.

I think this is complete horlicks and the company should have made sure that all their ducks were in a row (or started dealing with the CV authorities earlier) and therefore the delays are due to the company.

As with any litigation, Gloc, prove it. Gut feelings and things aren't enough. You need to have hard facts. Find out why it's been delayed, by delving, speaking to the local authorities etc. They're saying it's down to bureaucratic process, ask THEM to prove that. IF they refuse to give you hard evidence, then doubt it exists. Without evidence you can't do anything, I'm afraid, so you have to find proof. I'm afraid that's all the law is, digging around and research. Call the local government and see what they say.

That's the best place to start. Don't instruct a solicitor to do that digging, unless you hit a brick wall. £250 an hour is a lot to pay a solicitor for stuff you can initially find out yourself. If it gets to that stage, give me a call cos the property litigation team at the solicitors where I work is pretty good. I can have words with them if you get really stuck. Me talking to them won't cost you anything. Just a dive and hand hold at Wraysbury!!

[GLOC]

Originally Posted by hogen-deifar

As with any litigation, Gloc, prove it. Gut feelings and things aren't enough. You need to have hard facts. Find out why it's been delayed, by delving, speaking to the local authorities etc. They're saying it's down to bureaucratic process, ask THEM to prove that. IF they refuse to give you hard evidence, then doubt it exists. Without evidence you can't do anything, I'm afraid, so you have to find proof. I'm afraid that's all the law is, digging around and research. Call the local government and see what they say.

That's the best place to start. Don't instruct a solicitor to do that digging, unless you hit a brick wall. If it gets to that stage, give me a call cos the property litigation team at the solicitors where I work is pretty good. I can have words with them if you get really stuck. Me talking to them won't cost you anything. Just a dive and hand hold at Wraysbury!!

Thanks Julie.

I will pass this information on. However, what I am querying is if the CV bureaucratic process has been delaying the contracts, does this exempt the property development company for their contract for compensation?

You're on!

[hogen-deifar]

Originally Posted by GLOC

Thanks Julie.

I will pass this information on. However, what I am querying is if the CV bureaucratic process has been delaying the contracts, does this exempt the property development company for their contract for compensation?

You're on!

Depends on the bureaucratic process that's putting a halt on things. If it's because the vendor didn't do enough research into the legalities of building on that site then it could be deemed as the vendors fault because they didn't look into things enough before commencing building. If it's because the council throwing spanners in the works then that's an unforeseen glitch that couldn't have been predicted. You need to establish exactly what the bureaucratic delay is. Ask the vendors to supply that information. Say your entitled to know what the hold up is, and if it's genuine there's no reason for them not to supply it.

If they won't supply it, contact the council (or whichever governing body it is slowing the process down) and ask them for information on the site.

A lot of this is all about terms and conditions and reading through very long and boring contracts. If you can be bothered to trawl through this it'll save you a LOT of money. Although that money is what pays my wages, most of what people pay solicitors for can be done themselves, instructing the solicitors to do the final bits. (sorry to all you solicitors out there, especially the partners at my firm??? ) Get delving and find out more, then you can establish what is actually causing the hold up.

Not much help really, am I??? Sorry!

[GLOC]

Originally Posted by hogen-deifar

Not much help really, am I??? Sorry!

Thanks again Julie.

I have a feeling I will be drafting a letter for my ex to send to the company special delivery asking for the required evidence.

Regards

[hogen-deifar]

Originally Posted by GLOC

Thanks again Julie.

I have a feeling I will be drafting a letter for my ex to send to the company special delivery asking for the required evidence.

Regards

Email me if you need some advice. Address is on my profile. I work full time so can always get a quick answer for you if it's something I can't answer.

Good luck and like I said, if there's anything I can do text or email.

[pieater]

Originally Posted by GLOC

Getting a proper lawyer to speak to is the first thing I know,

That's me right out of the window then!

Originally Posted by GLOC

but if they are right, then there is no point spending loads on what could be a non-starter.

That, sir, is dangerous talk that strikes at the very heart of the profession, go wash your mouth out immediately!!

Right then:
I am not a property lawyer. I do commercial business to business deals. HOWEVER, generally, the first steps would be to establish the jurisdiction. What is the address of the development company? I'm hoping it's in the UK; if not it might be difficult to establish jurisdiction to be in the UK (unless expressly stated in the contact (?)) as, if the company is in CV and the development is in CV you might find that they'll win the "who's laws apply" battle. This is important, as protection you might enjoy here might (read: is very likely to) vary in CV

Do you have a copy of the contract you could scan and email to me? PM me if you can. We'll take it from there.

Martin

[GLOC]

Thanks Martin. The company is registered here and I am trying to source a copy of the contract now.

[pieater]

Originally Posted by GLOC

Thanks Martin. The company is registered here and I am trying to source a copy of the contract now.

Lovely jubbly.

[Gareth Burrows]

Personally, Gareth, I intend to punch you in the guts when I see you for using the phrase "get all their ducks in a row" in a YD post.

Disgraceful behaviour, ffs.