BROKEN DREAMS

This blog is about the many broken dreams surrounding iether having moved to spain or in the process of moving to Spain. There are many successful moves, however for many it has meant heartbreak through loss of large sums of money and no property or being marooned in an illegal property with no way out.

Illegal build licences
Tuesday, June 3, 2008 @ 1:29 PM

I am sure that there are many like us who are caught up in this continuing Saga.
We decided on a property an off plan villa with pool in an area we were assured was unban.
Paid a large deposit with the assurance of the solicitor that this was protected under spanish law and that whatever the circumstance would be safegaurded.
Shortly after this the site was closed down and the build licences legality questioned by the Junta who declared the land was Rustic.
The solicitor say they asked for the required bank gaurantee but the bank did not issue it.
The developer has applied for suspension of payments.
The agent meantime states that he has every confidence in the developer and then offers no further help.
This dream of living in retirement in a part of Spain we have come to love quickly becomes a living nightmare.
How can this happen to clever articulate people who have asked all the right questions.
Can we see the licence to build?       yes
Is it rustic land?           No
How long has the builder been in operation?       40 years and is highly respected in this area.
What happens if the builder goes bankrupt?      You are protected by spanish law your money has to held in a seperate client account and you get a gurantee from the bank.
These are only a few of the many questions asked but the answers are always the same.
You are protected under spanish law.
I am sure that many similar stories exist.
I still visit regularly but I am seriously considering whether a move to Spain will be a dream come true or will watching my savings dissapear with nothing to show be a continuing nightmare.

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Colin said:
Tuesday, June 3, 2008 @ 3:27 PM

You are so right, I am in the same position. Our agent, British by the way, has spent the past two years sending out what turns out to be false information and then when it turns out that the whole set up with the developer is a shambles, tells us that he was misled by the developer. The agent has not done one thing to help the many clients he has who are in the same position as us. He has not mentioned that he has not suffered as he has already taken his commission out of the funds that have been sent onto the developer.

These people need exposing and prosicuted they are nothing more than crooks.

martin cynberg said:
Tuesday, June 3, 2008 @ 7:43 PM

WE HAVE A SIMILAR PROBLEM WE HAVE LOST A LOT OF MONEY HAVE BEEN TO COURT WON THE CASE AND STILL NO MONEY HOW DO THESE PEOPLE GET AWAY WITH IT WHAT HAPPENED TO THE EUROPEAN MARKET THEY WONT HELP US I DONT EVEN TRUST OUR SOLICITOR NOW THATS HOW CORRUPT THIS COUNTRY IS PREHAPS IF EVERYBODY AFFECTED TRIED TO DO SOMETHING MAY BE THINGS MIGHT GET BETTER MARTIN CYNBERG

Busi said:
Wednesday, June 4, 2008 @ 3:07 PM

I am currently looking at buying an off-plan property but like to look around before doing anything rash .... I have come across a company who basically check and review the legality of developments. I think this is great idea and well overdue. For far too long people have been ripped off by unscrupulous agents and have signed abusive contracts and lost money . If you know what you are buying has been vetted by an independent company the sort of situation that has been appearing in Spain for the last few years can´t happen. Unfortunately if you use the lawyer recommended by an agent you are asking for trouble.

Andrew said:
Wednesday, June 4, 2008 @ 4:04 PM

Another busy day and the sun shining makes me think again of Spain and how we will spend our time when we have no deadlines to meet and no one with demands on our time.
Suddenly brought back to earth with a crash. An email from the Spanish papers regarding the builds in Zurgena and the police investigation.
Back to reality we have guests arriving this evening (we own a guesthouse) which is now on the market to realise our dream.
Anyone interested we will take spanish property in part exchange. Villas only folks and 100 percent legal as not much hair left now.
Looking forward to our next visit and a chance to meet up with old friends over a relaxing meal in a good class resturaunt.
Trying to be positive but the economic climate here is not helping.

anthony stephenson said:
Wednesday, June 4, 2008 @ 7:22 PM

ANDREW YOU DID NO SAY IF YOUR SOLICITOR, WAS ONE OF YOUR CHOICE? OR THE BUILDERS? DID YOU SEE THE AREA TO BE BUILT ON,DID YOU GO INTO THE LOCAL BARS AND ASK ABOUT THE BUILDER AND OR THE SOLICITOR??

Karen said:
Wednesday, June 4, 2008 @ 8:28 PM

Not sure who know's this but....
If you do not live in Spain and are having any difficulties regading a consumer issue (property included)you can contact the equivelent of the CAB here in Spain, they are based in Madrid, it is a free service, their details are:
http://cec.consumo-inc.es/Secciones/Quienes/Quienes_en.asp
I hope this is of some help to some.

JANET BOWGEN said:
Friday, June 6, 2008 @ 5:17 PM

HI LIKE OTHERS IN THESE BLOGS WE HAVE WON A COURT CASE,AND THE APPEAL CASE, AND YET IT SEEMS WE ARE NOW AT THE MERCY OF THE COURTS,TO TRY AND GET OUR DEPOSIT BACK, WE WE UNFORTNATE ENOUGH TO HAVE PUT DOWN MONEY ON THE LA PERLA DEV IN BENALMEDENA,WHICK HAS NEVER BEEN BUILT, AFTER TWO COURT S STATED THAT WE WERE TO GET OUR MONEY BACK, HOW MUCH MORE DO WE HAVE TO DO, I HAVE LOST ALL FAITH IN THE SPANISH LEGAL SYSTEM

andrew said:
Friday, June 6, 2008 @ 7:26 PM

Well trusting advice from a ""reputable"" british agent we used the solicitor suggested by them. We did visit the site building was well under way and there were other sites in the area which turn out to be ilegal, sorry they are not officially illegal just not legal.
It all looked the part but we are much wiser now and poorer.
However winning court cases doesnt seem to have the desired result..

Janny said:
Thursday, June 12, 2008 @ 11:06 AM

Lets name and shame them then, otherwise they are just going to keep getting away with it. It has to stop somewhere !There must be a way we can all band together and protect each other. By the way anyone out there had dealings with a Max Lorch ? hes probably still out there somewhere,and probably changed his name by now, but there is no mistaking his voice and the way he walks !!! Just let us find him ........

Jim said:
Friday, August 1, 2008 @ 11:26 AM

i have read the blogs and feel really sorry for the guys affected, but just a minute, the AGENT isn't the guy that rips you off, we had an agent that really did turn himself inside out to help us when the builder just refused to build what he had promised, the agent can only sell you what he is offered by the builder, our guy took us to several solicitors and let US choose and it still went pear shaped as for the commission, they have done exactly what they said, showed you property that is for sale, you chose to buy. Vent your anger at the builder that dupes everyone. the agent is a victim too , just the fact its his reputation he loses, he doesn't want you to be ripped off any more than you do. Our agent is still a friend hes at www.royalpalm-properties.com and is styill in business unlike a lot of the crooked guys you all have dealt with

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