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My brother and I purchased a two bed apartment in condado which was scheduled for completion in April 2009. We have now been told that completion is scheduled for October 2008. We will struggle financially to be able to complete on this earlier date and were wondering if anybody knows whether we can cancel the contract and get our deposit back? Would it also be possible to hold back on completion until the original agreed date? I'm assuming I'm screwed in both cases but any advice would be gratefully received.

Hi Ooch

I cannot say for sure until looking on my contract, but whatever the wording of the contract I'm sure there is a clause to override it.
I am almost sure you will loose your deposit though if you cancel.   
Why don't you speak to Polaris world regarding this and see what they say and ask them what they would suggest.

Good luck

Thanks Scapa,

Just had a reply from our solicitors saying the same; if we cancel we lose the deposit as there was no specific completion date in the contract. The only way out would be to find somebody to buy the contract off us at this stage. I better start looking into mortgages.

Hi Ooch

I still reckon it won't do you any harm to speak to Polaris World at this stage, even if it means putting the completion date off until December say?!
 If it is possible and they have the gaps they will try and help I'm sure.

Email them if you can ring them.  Try SIlvia  details below.

Silvia Mercader Martinez

Departamento Gestión de Entrega

Gestión de Escrituras

 Parque Empresarial Polaris World

Autovía Murcia - San Javier, Km 18

30591 Balsicas - Murcia (Spain)

 

silvia.mercader@polarisworld.com

Tel. +(34) 968 030 380 ext 718

Fax +(34) 968 012 645

www.polarisworld.com

Thanks Scapa, I'll send them a mail and see what response I get. 

I hope you can resolve this.

We met a couple who wanted to get out of the purchase because of a serious health problem and unfortunately they were having major problems trying to do this, despite medical evidence and a significant reduction in income due to prolonged medical treatment. I think they were considering changing to a Mirador apartment late date completion as an alternative.

I know on another thread on the forum some months  ago one contributer said they had had their completion delayed for a short time due to ongoing medical treatment. But they had to produce evidence and it was only for a matter of weeks.

Hi Ooch
I like you want to cancel my contract. My solicitor said this was not possible and if we did we would loose ALL monies paid to PW so far. Add to this PW want us to complete in two weeks time!!!! I have been in contact with another solicitor and she says that PW are in breach of contract by taking away the pool and shopping centre, She is representing a few clients from condado. She also states that they CANNOT force clients to complete under pressure. Hope this is of help.

JH murcia I welcome your commets on this.


                                                                                             Dave & Lynn

LRJ(Dave & Lyn)

Hope you don't mind us asking but why do you want to cancel your contract?

Phil

They have taken a pool away, also the planned shopping centre is no longer to be. They are trying to force us to complete without us having funds in place. I gave them a date late september, I told them that the funds were locked until then, but its like talking to a wall they have now threatend legal action. I said I DID NOT want to cancel and asked for a move to which they want more money!!!

                                                                                        Dave & Lynn

This message was last edited by LRJ on 8/1/2008.

 

Hi Dave & Lynn (LRJ)

We will be really sorry if you don’t complete, as we are looking forward to many days and evening like the last one we spent with you.

I can understand your frustration with the significant changes that have happened on your Jardin, on top of the other changes on the complex. I hope you are able to negotiate a move to a Jardin and apartment you like as I do believe this resort will be worth every euro in the future and we will all be happy we own their. If you do wish to cancel and you are successful in this, which I believe a good lawyer will be able to achieve for you, we will just have to have more days on the boat like the last one and you will always be welcome to come and stay with us in our apartment. No food thou it gives me a hangover. Hope you do find a way though this, good luck and if I we can do anything to help just phone or email.

Regards

Phil & Ann

This message was last edited by PGM on 8/1/2008.

Hi Phil & Ann
                   thanks for the support. We have just come off the boat after a weeks holday. (should have left the laptop at home!) Lynn just wants to complete in october but Herr Flick  (PW) says not possible. When we had our boat built we never had as much hassle as this. It was like them saying you dont get an engine now cos its off plan!!!


                                                                            Dave & lynn

Hi Ooch
I'm just about to go through similar problems.  After 26 years of marrige my wife has decided she wants to live on her own.  Bloody mid life crisis.  So recently she has put an offer in for a house nearby (accepted) leaving me to find the funds to buy her out.  So one very nice top floor penthouse on Los Naranjos up for sale.

Trust me. Losing the wife hurts so much more than any apartment, though it is amicable and the kids are all adults

However my solicitor has basically informed me that to pull out of the contract with Polaris will mean I forfeit my deposit.  Yes there is an argument that Polaris are being unfair in keeping the WHOLE of the deposit.  Similar to the banks here in UK overcharging for being overdrawn etc.  Many people have already had refunds off the banks for this.  However in Spain things work very differently.  As many emails to my good independent Spanish solicitor have shown.

For example you could win your case and be given 100% of your deposit back.  But this unlike here in the UK does not set a precedent.  I could be next case up and lose.  To find this out will cost 7000 euro's upwards.  The more Polaris fight (and they will) the higher the costs.  The decision will rest with a Spanish Judge alone.  So lets work this one out.  Little minnow of an Englishman who's not yet contributed much to the economy of the Murcia region (apart from a lost deposit).  Versus a company thats ploughed Millions into the region and the Majority shareholder is a local Spanish lad. - No brainer.

So in my case I have one other option.  Lovely Penthouse for sale anyone.  In this economic market.  Dident think so.
Lost my wife, one penthouse and possibly the home I live in.  Must put this bottle of rum down and hope 2009 will be a better year.

Frank

 

Hi Frank

Firstly can’t help with the sale of your apartment but reading your post puts most of our problems into perspective, I am really sorry about your situation and hope you are able to sort things out, I see you think you wouldn’t have very much chance fighting PW but with all the changes PW have made I would definitely get some good advise and/or seconded opinion about this from a good lawyer. On a complex so big others must be in a position that stops them from completing and may like to club together to spared the cost of fighting PW on the basis of the significant changes PW have made to the resort like missing town centres, pools and moved pergolas. My understanding of the contract allows PW to change thing due to building requirement and necessity imposed by the authorities and not remove thing they have sold you just to save money. This is just my personal opinion but I would be looking on this and the other forums on the web for other people who are not able to complete and then see if you are able to do a group action?

Regards

Phil & Ann

Quick update:

I got a response from Polaris world after taking Scapa's advice (thanks Scapa). They said that completion must be between 6th October and 10th November (We are in Jardins 2). At least this gives me another month to try and sort my finances out. I've replied asking for more time as 10th November will still be pushing it. I got rejected but Polaris have asked for my solicitors details and my mortgage brokers details though as she 'would like to speak about that'. I think she is referring to the fact I told them that the main reason I signed up with Polaris was because the completion date wouldn't be until at least April 2009. I also said that a spanish mortgage broker had confirmed we would currently be ineligible for a mortgage. Any ideas why she wants to contact them both?

Hi Ouch

Sorry to hear you couldn't get any extra time from Polaris.  It is standard that they have all details of your solicitor and mortgage affairs, maybe they will get your broker to go through the builders bank CAMS for the mortgage , I don't know.

Best go for the 10th November and work at getting a mortgage.  Who know the chances are the Habitation certificate won't be ready for that date anyway which will take you nearer to December!

Good luck!   Keep us informed how you get on.

Hi LRJ,       and anyone who wants to back out of the completion.   I was just surfing and looking for accommodation when in I put in condado de alhama which brought me to PW site.  You can sell back your property to them before completion.  Don't know if it helps or you may already know.

Ruth Peter & Krystal.

Hi Ruthless

Can you let us know where abouts you read this on the Polaris World Website ? Or put the link up please.  I know a couple of people who would be interested.

Ruthless

I would be very interested in looking at this as an option, please can you post where this information is.

Thanks

Phil

I just googled that and got the following site - Polaris Off Plan Resales www.polarisworldcancellations.com Off Plan Resale Bargains Huge Savings. Great Investments.