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Hi
My contract with our solicitor stated he would obtain bank guarantees for all staged payments to Taray. He only requested them after I continually hounded him for them and refused to pay the second installment until the first bank guarantee was obtain from the bank/Taray.
I have both bank guarantees but I dont know if my original crap solicitor or the bank or Taray was to blaim for the delay, but it is funny how it was provided when I withheld money. This might be the only way to get Taray to respond.
If Taray only provide bank guarantees when asked, they might not be breaking the law. If you dont ask you dont get.
As Taray close down for August, phase 2 will not start until at least September therefore delivery of the first properties will be April 2010. Unless Taray offer me substancial compensation I will be presenting the bank guarantee for a full refund due to Taray's breach of contract. My contract's complection is Feb 2009.
Colin
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A very good question!
We've had no mention of bank guarantees from our solictor (can I mention our Parador sourced solicitor's name here, as would like to compare our experiences with other purchasers with a view to getting someone better). We've made two stage payments on a phase 2 quad last year.
I've just emailed our solicitors to enquire about progess of the build and also asked for copies of any bank guarantees to be posted to me.
Am I right in thinking that without a bank guarantee we don't have a leg to stand on if things go pear shaped. What happens if there is a delay on starting/completion, can we claim our deposits back?
These are worrying times!!
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Hi all, surely a bank guarantee to should only expire when you complete on your property, if not they could wait till all the bank guarantees that have been issued expire, then refuse to issue another one then eveyone would lose their deposits.
We do have bank guarantees we have just asked our solicter to send us copies because if they do have an expiry date on them we need to make sure we keep on top of getting them updated as when required.
Bev & Kevin Manzana 8 phase 2
_______________________
Kevin & Beverley
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Bank guarantees should not have an expiry date on them.
This is known as an abusive clause.
I think in the eyes of the law they would disreguard this date.(Don't quote me on this)
Dave
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I posted this in the wrong thread. Silly me!
I requested a bank guarantee in July 2006 and it only took about a week for the solicitor to send me a copy by e-mail. It was personalised to us and the property. It also stated that interest would be paid at 0%. An abusive clause??? It was valid until April 2008 (another abusive clause???) and I have requested another one. No sign of it yet.
Diane
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Hi
Have just had a reply from our solicitor, here is a quote from her email -
'regarding the bank guarantee we have been promised by TARAY that the mentioned document is on its way and you can rest assured that we will contact you further as soon as a copy of this bank guarantee reaches us'
As far as I can see this means that my solicitor DOESN'T have copies of our guarantees!!! Shouldn't they have got these for us in the course of acting on our behalf! Do we really have to tell our solicitor what to do?
We bought our phase 2 quad villa last July and made our deposit and stage payment whilst we still out there on our Parador inspection trip, so Taray have had our money for over a year now!
Any comments as to the professionalism or otherwise of our solicitor appreciated.
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Hi
My partner Mark and I have also bought a quad villa on Phase II. We asked are Agent MASA to find out about the bank guarantees as we didn't have copy of them. After months of waiting they finally sent sent us copies of the guarantees which were dated last September when we paid the stage payment.
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I have just had this reply from my solicitor -
"I am sorry for the inconvenience.The delay of this bank guarantee must be due to an administrative error. We have currently never had a legal problem with TARAY. I am convinced that this will be sorted soon"
We paid our last stage payment in August 07, for which we have NO Bank guarantees!!!! Suggest that any Taray purchaser checks their bank guarantee status with their solicitor as you stand to loose any payments if things go wrong.
A Spanish lawyer has commented on our position on another thread to the effect that bank guarantees are a legal requirement and that we are within our legal rights to cancel our purchase.
I cannot understand why we as purchasers have to micro-manage our solicitors in order for them to comply with basic working practice and do their jobs quarter-competently whilst we are members of the EU. As far as I can see the EU has enormous powers which can regulate whether our bananas are bent or straight, yet seemingly have no power to regulate what seems to be flagrant breaches of our human rights when faced with scamming developers, mayors, councils, developers, estate agents, solicitors, even the Spanish Government etc. who seem to be ripping us off at every opportunity - where is the legislation to cover this level of deceit and incompetence?
Sorry to rant on, but I fear for my and your life savings going up xxxx creek!
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" ...administrative error .."
Would that be that they didn't bother to ask for it?
It makes me so cross. We put our trust in these people and pay them handsomely to have our best interests in mind and what do we get?
Sorry, I too am in 'rant' mode today. I put it down to the heat - you know, Mad dogs and English men ....
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I am sure we are all aware of how corrupt the EU is and the privacy legislation in the EU stops us finding out about most of it. A closed shop operates to allow them almost a acarte blance type of existance with out fear of prosecution. It is bad enough in the UK if a solicitor, deveolper, council, government is incompetant but a lot worse in the EU. All those bodies have a hand in each others business and will not bite off the hand that feeds it. So their sleazy world goes round and round.
I am at present trying to complain about a council dept in the UK that has lied and continually failed to do its job properly. I have been warned off from carrying on my complaint because 'they are bigger than you and will cause trouble for you in the future'.
mmm nice free country we live in.
Colin
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Hi
Glad to say that the threat of purchase cancellation if Taray don't provide me with a bank guarantee by this August seems to have worked!!
I've just received a copy of my BG dated 31st July from Taray. I will need to translate it in order to see that it doesn't infringe my rights in any way, but that will have to wait 'til I back from holiday next week.
Suggest that anyone else without a bg threatens cancellation in order to get theirs, seems to have done the business!
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Hi all
I've paid my deposit in 2006 and the other day 've received my BG dated the 15th July 2008, it end on the 31/07/09, if I don't complete by then do I have to continually re-new the damn thing and if the property isn't completed by 30 june 2009 does that mean I have to consult the solicitors for compensation or request a full refund?
Vi
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Taray/the bank has renewed our 'expired' Bank Guarantee. I asked for one that did not have an expiry date and that did agree to pay legal interest on the amount that Taray has held since August 2006. No surprise that it arrived dated 31 October 2008 and that the bank refuses to pay us a cent more than we paid over two years ago.
What am I paying the solicitors for? I am now convinced that they are not acting in our best interest.
Diane
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