When is considered to be totally fulfilled the obligation of delivery of the property ? When the developer give us a valid Certificate of occupancy CO"

Can I refuse to sign the deed invoking that has not provided me the " Certificate of occupancy CO" Yes, you should refuse but you must do this by certified notice in writing (registered letter or fax)

What happens if the developer is unable to complete the development for any reason ? Damages may be awarded if a court decides that a developer has broken a contract and foreseeable damage or loss results.

What is the general principle regarding the measure of damages if the developer fails to satisfy the obligation ? The measure of damages is to compensate the seller for foreseeable losses . For breach of contract, he would normally be restored to the position he would have been in had the contract been properly fulfilled. Typically Spanish courts recognize losses suffered such as storage, rent, removals even moral damages because the psychological pain suffered by the buyer

What are the remedies that I have ? Damages, rescission and specific performance available to the Court.

What is a liquidated and ascertained damages clause ? An agreed damages clause agreeing the level of compensation if the building work overruns, an amount of money (a fixed sum for each day the dwelling remains) that the developer will pay to the seller in specified circumstances, such as a delay in the completion of the dwelling.