MADRID TAPAS TOUR

I see that someone did try and start a thread similar to this in May, but here goes.
We have a 3 Bedroom Magnolia Villa, type D, in the centre area of the development.
It is in Phase 2.
I have been told by my lawyer that still we have no building license granted for these.
He says that the 18 month deadline won't start until we have this.

Following other threads before about this, I would like to know what anyone else's lawyer has said about this?
I can see quite clearly on all of the aerial photographs that our development is quite well advanced, this all started around November along with the other areas.
Yet by delaying the licenses they can drag the whole process out even longer!
Did anyone get any DEFINATIVE answer from any lawyers regarding their 18 months starting from the foundation stage?
Perhaps if enough of us could get together and push this we could force this issue?
This way, if they have not completed them by May '09 we could push for our money back under the penalty clause.
Otherwise we will be left with a half built Villa that will drag into 2010 with no return.

This is a very 'frey' area in Spanish law, I think. From experience, the developer can say it is complete on a date (to satisfy the contractual conditions) yet the building is only really completed 6 months later!
Stewart

Hi Stewart,
We are in a similar position, having purchased a villa on phase 2 for which no building licence has yet been received.  Our (independent) lawyer has however ascertained from several sources at the Town Hall that it the licence has been applied for and approved and is merely awaiting formal signature.  In answer to the question regarding the 18 months time frame his response was as follows:

"If due to the Corvera Golf & CC noncompliance, the handover of your property does not take place within the 18 months after having commenced the buildings, you might either demand that they perform the agreement or deem the agreement to be terminated. Before cancelling your agreement with them, we would however have to formally request Corvera Golf & CC (by means of a Notarial demand) so as to give them 15 days to perform its obligations. Shall they fail to perform their duties, we shall require them to reimburse you the monies so far advanced, adding the respective statutory interest accordingly."

He does however then go on to advise us that we should wait until the said period has elapsed.
Hope this helps.

Hi Difi and Ultraclean

Still haven't received the licence.  Hope to speak to the Solicitor on Friday (13th June) to get latest status, but assume still waiting for town hall as we haven't heard anything.  They seem to be building the villas at the same time as the apartments, so am not concerned.  It would be nice though to get the 3000 euro purchase card and the A/C offers being received by the apartment owners.  But, I'm sure when approval comes through we will get same deals.

In the meantine it would interesting to see where you are located in relation to ourselves - see my initial post Magnolia Villas (Vivienda Type B) for location.
Kenny

Hi all

 Does anyone have a date for the beginning of the foundations of the apartments on phase 1 & 2 ? If so do you have any evidence? Would very much appreciate any feedback.


kev

Hi Kev2,

If you look on the photo's for corvera Ginab kindly uploaded the photo's from corvera's website the one's they suddenly took off  which showed the foundations with a date stamp of Nov 2007!!!!! Thanks to Ginab the evidence is freely available- Women they are so organised....

Regards

Kev (1)

Hi Kenny, Ultraclean, et al,
We are in a 3-bed Olmo Villa F2: Location IN No. 075 - also located on the left of the master plan - directly opposite the top "island" and (as far as we can make out) frontline to the 15th fairway bunkers - might improve our vocabulary in terms of Spanish profanities!!

Thanks for the info kev, it's just what I've been looking for.


kev


This message was last edited by kev2 on 6/10/2008.

for phase 1 - 18months from november is may 09 - which is their target date - they cant afford not to have finished by then hence why they started b4 the permits were granted- does anyone know if we can get a refund due to the huge delay anyway - how can it be legal for a contract to have so predetermined start date?

for phase 1 - 18months from november is may 09 - which is their target date - they cant afford not to have finished by then hence why they started b4 the permits were granted- does anyone know if we can get a refund due to the huge delay anyway - how can it be legal for a contract to have so predetermined start date?

for phase 1 - 18months from november is may 09 - which is their target date - they cant afford not to have finished by then hence why they started b4 the permits were granted- does anyone know if we can get a refund due to the huge delay anyway - how can it be legal for a contract to have so predetermined start date?

Hi
No you cannot get a refund because we bought 'Off plan'. The only way that I understand that we would ever get any money back ,would be to claim that the builders have not complied to the contract and completed the buildings within the 18 months stated. That's where the problem is. The 18 months start when they get a license, if they do not have a license then the 18 months hasn't started! However, some people on this site have been told that we could claim the 18 months started when the building work started above ground. I can only imagine that this will only happen if enough people grouped together and got a good Lawyer 'on side' to do this. Unfortunately, I am not sure that many Lawyers are completely unbiased in their decisions, don't shoot the Golden Goose, so to speak.
As I said before, from experience, the Promotors can have it passed as completed long before it is habitable. maybe someone on this site would have better information than me?

I gather that under Spanish law the 18 months comes into force from the commencement of building, however our contracts stipulate 18 months from granting of building licence.  I suspect that a decision as to which position takes precedence could only be tested in court - but presumably that would be an issue for lawyers to determine if completion does not take place in May 2009.

even if the contract states 18 months from permits being granted - is that "legal" under spanish consumer law, especially when the permits may never have been granted!!  they also got to hold onto all of our money for 2 years