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Off plan problems, delays, breach of contract etc...

Discussion in 'Bulgaria Property' started by thetravelbug, Sep 4, 2008.

  1. thetravelbug

    thetravelbug Banned

    Each week I get requests from people for advice as to what they can do to get their money back from an off plan purchase they have made, whether they have any right to rescind contract and demand money and penalties and all sorts of queries. These especially deal with ******* as I personally had problems with them in the past. I have managed to point a number of people in the right direction to commence claims in the UK for smaller amounts and a couple have been successful in getting their funds back. However, many people face more complex legal issues. And while I was a lawyer in the UK I am not qualified or able to give proper legal advice here in Bulgaria.

    However, due to the number of queries I receive I have partnered with an English speaking lawyer who in return for a donation to the Tierschutz Dog Rescue Mission in Burgas (charity I support) will give an initial free appraisal of your documents and situation and advice on the best way forward. He is already dealing with a number of cases for ***** and some on the coast.

    If you wish to avail yourself of this service and also help a good cause at the same time please PM me.

    Rachel
     
  2. Jain and Chris

    Jain and Chris Senior Member

    Couldn't agree more with you - people need to know where to turn to for help, particularly independent of estate agents.

    As you know, there is a firm of specialist long established real estate lawyers who write legal articles for our magazine, as we consider this so very important, offering their impartial advice on what to do when buying, how to avoid these potential problems.

    Being informed is half the battle: going to a lawyer after the event is often too late but even so, the law firm who write for the magazine will give a free response to anyone who emails them with a problem after purchase, as they have always done.

    Hope this helps one and all :)
     
  3. thetravelbug

    thetravelbug Banned

    problems

    In many of the cases it is not necesarily too late. Many issues are delayed completion, problems with planning, paying for apartments that do not materialise and therefore often there is a breach of contract on the developer/agent's behalf.

    Many developers/agents prey on the fact that many people do not know where to turn, think a lawyer will be expensive (and it can be of course), that people will just sit tight and quiet and not take any action and will be scared of threats of loss of deposit or apartment if they do not do this, pay this etc....

    But often action can be taken and with a good lawyer you can fight and get some or all of your money back.

    Rachel
     
  4. Jain and Chris

    Jain and Chris Senior Member

    Yes, I agree but I do think people sometimes go a bit 'legal action crazy' without understanding the potential problems and financial implications of buying property overseas when it goes wrong.

    OK, the first most important thing is to get independent legal advice before you start.

    If things go wrong, then still get independent legal advice - not that which is linked to an agent or a developer.

    Then, bear in mind that it can take years to go through court proceedings. Not to mention the fact that you may not win (did you give PoA to someone to sign on your behalf, did you really read and understand the contract, etc??????)

    Yes, I agree, the developers and agents can think people won't fight back - but more often buyers have signed something which they should not have signed (this is not at all limited to Bulgaria by a long stretch, but is more people trusting where they should not) - and will never get their money back plus will have often months or even years of fighting their case which will not allow them to move on.

    We undertook an opinion poll on the Quest Bulgaria magazine site to find out what buyers felt about their buying experience in Bulgaria and 82.1% said it was excellent or very good. A further 14.3% found it OK. Only 3.6% found it "terrible, with only problems".

    Yes, a good lawyer will fight back - but at what cost to you? Not just financial but other personal and emotional aspects?

    I am not saying for one minute that anyone who has truly been hard done by should not fight but one should be realistic about this.

    If any buyer has a written contract which they believe has been abused, or the other party is in breach of contract which is written on paper, then I would encourage anyone to take independent legal advice, independent of any estate agent or developer.
     
  5. thetravelbug

    thetravelbug Banned

    yep

    Couldn't agree more. Having spent 2 years going through the court process only to lose, even though had much evidence and quite clear I had employed these people to build house and they had done shoddy job, they simply stood up and said they had never seen me before, contract was a forgery on my behalf and so on.....

    Cost me thousands and much stress, sleepless nights, anxiety....

    The court system here is corrupt and slow and unpredictable.
     
  6. chappie

    chappie New Member

    Hi. I'm really sorry but can't find how to PM you Travelbug - please would you let me know?
     
  7. thetravelbug

    thetravelbug Banned

    Maybe you need more posts to PM here, not sure.
     
    Last edited by a moderator: Nov 4, 2008
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