How snagging can be the wedge you need to keep the contract open.
Now we are not talking wedgies here, nor are we speaking about golf implements, or, er, clubs, we are actually circling a much more sensitive area – steady – an area of legal density that some of our clients, and indeed not yet clients, have not seemed to spot.
Tecnicil, as we know, if not in the doggy doo, are certainly suspended over it with an ever weakening tether and as a result the contractual position you may all find yourselves in could soon become, well, covered in the same stuff.
We have consulted with several legal advisers and they all agree on one thing – if you do not snag your property then the property will be sold, to quote the tedious Tecnicil blog not to mention the promissory contract, “as is”. Clients that dig their heels in for whatever reasons need to be aware that the contract does not give them the right to do so. Just because Tecnicil are late does not deprive them of the right to cancel the contract.
Similarly the existence of some aspects of the resort or the apartment to finalise does not give you the automatic right to delay either. Quite a few clients have said to us that they are not going to snag until such and such has happened. Well that is their prerogative but we would be derelict in our duties if we did not inform you ALL of the following:
1. If you have conducted a snagging inspection and the snagging “window” closes then Tecnicil HAVE the right to notify you for deeds and CANCEL you if you do not complete. Any problems in the property will be ignored.
2. So far Tecnicil have done little, as we know. No one has been cancelled in spite of some being warned. However, if BES take over, then the grey men in suits from Lisbon will look at the contract in perfect monochrome and if you have not completed then you are in breach. Simple as.
3. HOWEVER, if you have carried out a snagging inspection and your trusty and reliable overseas snagging and property inspection company (That’s us, by the way) have discovered something then you can legally and correctly delay your completion. Tecnicil will try and suggest you have to complete as they will play this game where they say that the inspection was “Conclusive”, well that is not what the contract says. The contract states, IN ALL CASES, the following:
O ciclo de inspecções/rectificações/reinspeções será repetido tantas vezes quantas as necessárias até que qualquer das partes notifique a outra que submete o litígio à resolução da arbitragem.
which is to say:
The cycle of inspection/rectification/re-inspection shall be repeated as often as may be necessary until either party notifies the other that they require the dispute to be resolved by arbitration.
Now this is simply NOT open to the kind of interpretation Tecnicil are giving it. This is not to say that we suggest people should use it for small snags, but those people who are concerned about completing before seeing something of substance CAN use this clause and SHOULD use this clause. But the alternative and this is for sure as we have heard this from people within both Tecnicil and BES, is that if and when the bank take over then they will cancel ALL clients who have not completed. Unfair? Probably so get yourself protected, contact Snagging Overseas NOW and we will be happy to assist.
You can get us on email@example.com or on Skype with the id snagging.overseas or on the electric telephone on +44 (0) 208 1448200
Have a snag free day!