House purchase gone really bad - and experience and/or advice please.
Hello all - new visitor to your site - you all look like some very clever and interesting bunch of people! Hope someone can help.....here's the (short as possible) problem. I'm English - my wife is Italian. We have decided that we would like to buy an appartment/house in Italy - and in March 2008 found an appartment in Le Marche region (commune di Fano to be a bit more precise). The appartment, part of a five appartment block spread over three floors was still being built - but I would say was about 80% finished. We completed a compremesso at the estate agency (but did not get a bank guarantee from the builder,which we're suppossed to, but did not know at the time). Gave the agency his cut EUR 3k, and the builder a deposit of EUR 45k - with the rest payable upon completion. That was March '08. The builder died in Sept '08. All work on his projects - ours included stopped while they sorted out the will etc. He left his business to the family, and they decided they didnt want to finish any of the jobs - a local judge has even told them it was too late to change their mind and they have to finish - but they wont, so nothing has happened. The builder took out a loan from the bank on the property, so the bank are owed money - the family say they dont have any money....blah..blah....in the meantime we're out of pocket by almost 50k. I know there was a law brought in recently to protect buyers from builders that went bankrupt, but not sure if this covers this - I know also of a 'fondo' which is like an insurance which again protects the buyer - but as we didnt get to see a bank guarantee at the beginning, apparently we cant go down this route. We have an avvocato in Fano, but he doesnt seem to be doing much. This situation can apparently go on for years - we really wanted this property, but are sadly looking elsewhere now. Can I sue the estate agency for negligence for not doing his job properly (with regards to the guarentee)?? Not sure where to go next - we have recently written to the giudice di pace to see if he/she can get involved. This is a strange predicament to be in, but surely this must have happened to someone else? I welcome your wise comments on this - any advice and/or sliver of light would be most welcome Alan