What's the best deal?

Hi all,

Been watching this site for a while now, count me in for contributing to a solicitor if needed. We've also been fobbed off with the same old stories and don't hold out much hope for June this year.

When they do finish the apartments we agree that the snagging should be done by an independant surveyor and as in this country, we realy should be holding back 5% until the apartments are practically complete - (including the communal areas.) then reducing this to 2.5% for a further 12 months defects period. Maybe this is somthing for a solicitor to draw up in our new contracts when the builder defaults on this one !! just a thought but they are not getting my other 80% in a hurry.

All the best, Glynn & Alison  (first floor apartment 8)

Hi Trish (aka JPD),

Can't believe you remembered about the wedding!! Thanks for the congratulations and your thoughts.

We are finishing work on Thursday and are setting off to Austria on Friday for our wedding which will take place the following Friday (16th).  I can't wait!!!

Sorry guys!

Anyway, been interesting to read the latest updates (or lack of) on what is happening with this development . I've also spotted a couple of new commers, so welcome to the crazy house!!

We also used Palmera's solicitors (Gonzalez ??), very concerned that he's no longer around if this is the man you've been after. 

Hi I dont know if I am already telling you what we already know but Barry spoke to Laura yesterday and she told him that  the builder got the building permit from the town hall on the 1st April 2004 ,so they have the 36 months from that date to complete .We thought the 36 months ended in oct 06. So  does that mean even if its not finished till say oct 07 they have only  gone over by 6 months which is time allowed to compensate for bad weather and rubbish like that. ,we are not entitled to compo?

They had cleared the sight well b4 april 04. Is that not classed as work being started?

hey I dont know 

Debbie

Hi all, well it does seem that there's a lot of confusion as to when the contracts end, we think they already could have but not sure like so many of you.  Still no replies to latest two e-mails to Palmera's two offices or to the recorded delivery one sent to Urbasa it's nearly two weeks since the last e-mails were sent.  When James Collins was at Alicante office at least he always answered us even if it was not good news but now it's gone silent. Phoning Urbasa this afternoon, will post response.

philansy - just registered on the live chat site as 'SOSamarion3' as it wouldn't let me in with my nickname here 'manana'..bloody hell how many more tomorrows will we be here moaning and hoping?  The numbers finding this forum are growing so that's good news.  Welcome to our fellow sufferers, I just hope there's not too many who've sold their homes in anticipation of Amarion 3.  What do you think about us putting an ad in a national newspaper asking other buyers to get in touch as maybe that would bring a few more into the forum. Perhaps once placed a few of us could chip in.

snowqueen - have a lovely wedding.  Hope to meet you both someday, good luck... Amber

Hi All

Just checked our contract again it says

"The Seller is hereby bound to complete the construction works of the building subject of this contract within 36 months from the moment the construction works begin, except it is impossible due to force majeure, beyond the Seller's control, including construction industry strike.  Should the construction works be delayed due to causes attributable to the Seller, in more that SIX MONTHS of the foreseen execution date, the Buyer could consider this sale agreement rescinded.  In that event the Seller shall return to the buyer the amounts that he/she had paid to such date, as well as the corresponding interests, calculated on a simple annual rate of 3.5%"

We had made a note that the build started beginning of May 2004.  So from this date 36 months would be May 07.  So Feb 07 to May 07 would be 4 months to go.  Then the extra six months taking us up to Nov 07.  This makes the 10 months that Urbasa are going on about. So they must be working it out from when the building itself started not the clearing of the land and of course the delay due to the pilons being in the wrong place.

I have just spoke to the Lawyers Jose Luis Gomes De Le Cruz Coll.  They were the lawyers attached to Palmera.  I spoke to Caron who I have spoken to before, she does seem to be on the ball.  I asked her if they were still our Lawyers she said if we went with them from the beginning then they are. (not sure what the significance of that was - perhaps they dont deal with Palmera much now - I wonder why).  She said we would have to wait until the Contract time was up plus the 6 months to be able to get out of the Contract and also receive our money back, if we wanted to, as the Builder would have broken his part.  She said the case might arise that he might be still building the apartments when the time is up and he might ask you to let him have a couple of more months to complete.  She advised us to let him if we could as it has been a long time since the start the money you would get back would be less than if you stuck it out and got the flat in the end. 

I asked about the money we have already paid under Agency Fees which I was told was for Insurance (Insurance for what I cannot find out at the moment) and Solicitors fees.  I thought this was for when we actually sign for the flat but apparently not. This amount was for the initial paper work that has already been done and we will get billed again when the completion takes place.  So if you want to use another Solicitor you wont be loosing any money on fees.  The reason they split the fees is because lots of people sell before completion and it would not be fair to make them pay this bit. 

If you think you are with Jose Gomes lawyer and you want to be sure you can phone Caron on 0034 952 219871.

Better do some shopping now or no food for family.

Hi thanks for the info on the lawyer kudos. If they dont deal with Palmera as much it may be a good thing for us eh? We should probably stick with them do you think? Oh I dont know!!

We have taken a note of Carons number thanks. We will have to give the builders the time they need, our hands are tied really, there is not much we can do is there?        Just wait and wait and wait if they are saying they now have till NOVEMBER! I am sure the builders will take all the time they are allowed in their contract, don't you?

cheers all

meeyee - we used the Essex office in Westcliff which I guess is the one you mention that closed.  We were told that our deposit money was transferred to the solicitor acting for Palmera Properties and that there was an investor at the outset named Hannia Melloul.  The money was supposed to be safe whatever happened, we used Currencies4Less who dealt with the transfer of money to Spain. A month ago we asked Sales at Palmera in Benalmadena if they were marketing any resales, they said no as their management had told them they couldn't since all of the problems as they couldn't tell a prospective buyer of a contract when Amarion 3 would be finished, but their website is still offering properties for sale there and we've found several other agents who are offering them too, not sure if they are new or people trying to sell on. There's 40+ to our knowledge so it seems selling the contract is not an easy option either. I called Urbasa this past week and they told me there's nothing to report, not sure when someone will be on site building or when completion will take place and that we should be going through Palmera for any information. We feel the whole thing has a bad smell to it, and were getting fobbed off left, right and centre. We heard that Amarion I has had loads of problems too, and Amarion 2 (the old brewery site) hasn't got off the ground yet.  Amber

Hi all sorry to have missed you all over the weekend been busy !!   so have all of you looking at the posts

I think it is a good idea what glynndeakin says about holding back 5% But will urbasa allow this, They may just turn round and say No

THEN WHAT DO WE DO  - WE WILL HAVE NO CHOICE - THEY HAVE GOT US

If they say NO which is most likely what can we do about it ?

THE ONLY CHOICE WE HAVE GOT IS TO TAKE THEM TO COURT - SELL OR CARRY ON GOING AS WE ARE

 been looking at our contract and it also says when it is complete, We have got a month to sort everything out Mortgage,Solicitor, everything - SO BE READY EVERYBODY

NO RUSH YET THO

A BIT OF GOOD NEWS

JUST BEEN CHATTING TO JEANETTE FROM AMARION 1 AND URBASA HAVE BEEN FINISHING OF THERE

 APARENTLY THE MAYRE HAVE TOLD URBASA THEY HAVE TO FINISH OF AMARION 1 FIRST BEFORE THEY START ON OURS

NO WORK ON OUR BUILDING THO

THIS IS FROM JEANETTE

i have just informed justin from eyeonspain that the last post is coming on last hopefully he will sort this out for us soon

that was quick   thanks justin

Hi Folks, just got back from airport. We only had time to pop to see our apartments today on way to airport. Bit of good news there is a big tower crane now erected inside the site. Presume they wouldn't go to expence of putting that up if not going to start. Also, couldn't get in this time as a man on a moped was guarding the site!!

Spoke to Kerrie she got in and has some news! Dont know what yet cos we just sent a couple of texts to each other. Changed our solicitor and he is sure Urbasa wont pull out and will finish the property. He said how Urbasa have a really smart building in Elche that is marble and glass and must be worth millions, but there was talk of them going bankrupt??!!

Sorry we couldn't find any more out this trip, but we were very very busy buying a resale in Playa Flamenca kept well away from off plan this time!!!!! Got this one to rent out but will probably have a first holiday in it! Maybe when we go over to sort Amarion III, if they get some work started. Going to sign for completion on resale one in about five weeks so will go and check on ours again.

Lets wait to hear what Kerrie knows, she is home today!

regards

John and Trish

Many Thanks for the info John / Trish, goodish news at last, it bears out what Urbsa told me last week (posted on the phone numbers thread)

Regards

Graham and Christine

Hi All

We arrived back late last night.  We have been told that Grupo Urbasa have 36 months, then 6 months and a further 3 months to complete everything and hand over the keys if they have not completed by that time then you would need to get a barrister to act on your behalf and take it to court to get your money back.  However there is no point at this stage as they still have quite a bit of time to come in on schedule.  We managed to get into our apartment and had a quick look at a few others, most have been tiled, wired and have windows and some even have front doors.

The solicitor does not know why they stopped working at Almoradi apart form the fact that they are doing loads of work in Almeria,  The company itself is well know and is a large company.   We went and had a look around on the Sunday and went back on the Thursday by then a crane had appeared on site which wasn't there on Sunday so my feeling is that they are going to start shortly as they would not be paying out good money to have a crane on site doing nothing. 

Laura is still mainting that the property will be finished in June but we will have to wait and see, the good thing is that all the settlement cracks etc are already around so they will have to re-do them when they finish the properties for handover so we may not need them coming back a year later like they have to do in England with new proporties.

Will post anythng I missed and photos later

Kerrie & Rob

Hi all

Got a letter yesterday from palmera. this is what it say's

We have now been instructed by the developer that, they are no longer able to authorise any off-plan re-sales. We have no choice other than to follow the instruction of the said developer, as any re-sales must be authorised by them. You will of course have the opportunity to re-sell your property after completion.

One of the reasons for the above, is that the builder plans on completing in june, and preparations are being made. Our completions team shall be in contact as this time draws near.

Palmera Properties has the facility to sell 'exsisting' or built properties on your behalf, via our office in Alicante (Tel: 0034 965 208 201) if you should at any time wish to utilize this service, after you have completed on your property. Should you have any queries, please don't hesitate to contact our Customer Services Department by telephone at 0034 952 576 543 or by email to customerservices@palmeraproperties.com

So two things to take from this letter. Number 1. If ya wanna sell up, your buggered

and Number 2. They actually believe that it will soon be ready. ?????

This may give some of you hope

All the best

Dave

Sounds Good to me

sounds like they are finally doing something, Sending letters out and putting crane up and security guard on our plot ya never know we could be there for June/July 

I was wondering if we would be getting there this year but Looking Good yet again

BIG PROBLEM  = we will have nothing to moan about if they do this BUT NEVER MIND

THANKS EVERYONE FOR THE NEW INFO

Hi all just put some photos of the crane at Amarion III on for you to see.  Not very exciting but shows they are starting to do something! Everything seems to be tying in at the moment doesn't it? Letters, phone calls, e.mails and now evidence of the crane. (sorry didn't take a photo of the security man)!!!

John and Trish

dont know if its me going mad but i have the same pictures of the crane from july 2006 unless they took the crane down and just put one back up i will put a picture on for you !!