Buying off plan In Cape Verde

[springwood]

I reserved a property in 2008 and have now been advised that my developer needs to raise extra funds to satisfy a hotel chain who will be managing the facility on the resort. To raise these funds the developer is introducing an extra floor and making the resort much larger than I anticipated.

I will be required to sign new appendixes to show the different location of my apartment. I have not been consulted re the change and have not agreed it.

Surely this is a breach of contract and I am entitled to a refund.

[Guest]

Re: Buying off plan In Cape Verde

It may be, but this will depend on the precise terms you agreed to when you entered into the contract. What did the contract state regarding what might constitute a breach and under which legal jurisdiction is the contract to be decided?

[springwood]

Re: Buying off plan In Cape Verde

Thank you so much for the response! The contract is in Portugese aVendornd English and I have signed a pre-promissiory contract with annexes attached and the contract states that these annexes for an integral part of the contract. It allows for modication of the unit but only under certain clauses

legal imposition to the unit or resort under construction

technical reasons within the limots of internationally acceptable standards

changes derived form the supply market which are not caused by the Promissory Vendor

and the clause related to annexes states:

Both parties declare that they understand and agree to abide by the following documents which form an integral part of the contract

Annex A - Plans for the Unit
Annex B - Specification for the Unit
Annex C - Reservation Agreement

Two of these annexes state 'First Floor'