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Hi guys
Would anyone be happy to take on the responsibilty of trying to let all the other resident sknow about this?
What is the best way forward?
Thanks
Suki
_______________________ SH
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Good afternoon,
I am David Guijarro, solicitor of Advisers Bureau Consulting, and also friend of Suki ;)
In the Costa Blanca area, in some cases, there are developments that shows or offer an advertising of the properties they are selling with some features that at the end are not in the property, or the quality is poorer than they were offering in the advertising. There are two different cases of this fraud:
1) Fraud in the contract: The contract includes some specifications that at the end are not in the property or with less quality (for example they say marble in the building specifications, but when you complete instead of marble is standard stone). That is the clearest kind of fraud, very easy to claim against the builders because you have a contract signed by the builder and they lied cleary.
2) Fraud in the advertising: That happens when the contract is accordint to the truth, but the builder or the state agency was offering you more or better building specifications in the advertising. For example when you visit the showroom, and when you signed the purchase contract you thought you were buying the some as in the showroom or the same as in the advertising or brochures. In this case the solicitor needs evidences of that (for example brochures, check the showroom, etc...)
Anyway we have to keep in mind that builders prefer to lie, because is easier for them to avoid to pay 3000 euros x 500 clients for example (1500000 euros), and they do not mind to loose 3000 euros with 2-6 clients who contract a solicitor to win a judicial procedure(6 x 3000= 18000 euros). They know that not everybody is going to claim against them, and they save 1500000 - 18000= 1,482,000 euros. That is only an example of this situation that unfortunately is quite common.
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Hello
Good to know I'm not alone with the kitchen, bathroom, floors etc etc. Count me in. I'm in Block 3 and have a friend in Block 2 and were always game for a fight!. Do we know who is taking the lead in this, costs and what details are needed. If anyone is out in Spain at the moment it might be worth taking photo's of the show appt. It is the exact layout out as mine with the exception of the kitchen, bathroom, scratches, painted skirtings and ................sorry!!
You have to laugh don't you!! And I thought it was my fault!!
bye for now
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Good morning,
What we will need to start are:
-Purchase contract of anyone interested in claim Gomendio
-E-mails, brochures, advertising of the builder or the state agency.
-The legal cost approximately will be 1000 euros, but we do not want any money until we do not know exactly how many owners are interested in the judicial procedure.
These documents can be sent scanned by e-mail to abc2@abcsolicitors.com or fax to 0034 965326242.
Regards,
David Guijarro
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Hi My name is Glenn Currie and have an apartment in block 8
I have just joined this site and I to was very dissapointed with the kitchen. I am very interested to join the group action.
Any further details etc would be greatly appeciated.
Best regards
Glenn Currie Block 8 1 D
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The legal cost for each property will be 1000 euros, that includes:
-Court Taxes
-Power of Attorney
-Procurador Expenses (this is similar to a barrister, who helps the solicitor).
-My legal fees
This is the letter we are going to send next week to all the owners of La Entrada. In this letter I think everything is quite clear, if not just let me know.
"
Dear Sirs,
I am writing to you from Advisers Bureau Consulting, S.L, a solicitor´s office in Spain. We are going to start a court proceeding against GOMENDIO, SL and as we know you have bought a property in La Entrada (Punta Prima) from them. A client of us who bought an apartment in La Entrada was really upset when completion arrived and the kitchen was not finished as promised. We checked the purchase-sale contract in which a building specifications list was included. A completely finished and furnished kitchen was listed in it. This client has decided to take legal action against the builder and by this time we are on it.
This client has posted the experience on www.eyeonspain.net and some others owners have decided to joint the claim.
We did not want anybody being unaware of this, that is the reason of this letter. If you have experienced the same situation and you want to joint the claim we need to receive some information from you in order to check your specific case. If you are not interested or you had no problems at all when you bought the apartment, please, excuse us any inconveniences caused.
Please, send us, by post, e-mail or fax the following documents:
· Purchase-sale contract
· Title deeds
· Pictures of the kitchen when completion, without furnishing (if any)
· Any invoices showing the expenses involved in furnishing the kitchen.
· Any other evidences.
· The cost of joining this claim is 400€ per property to start proceedings, plus 600€ when going to court.
- These costs are per property and include all the expenses such as court taxes, legal fees, and power of attorney granted to our solicitors in order to act on your behalf.
The deadline to receive documents from you is 8th May. We only need a copy of every document to start working, afterwards we will need the originals.
As you can see we are located very close to the complex in Punta Prima, next to the Halifax Bank. Please, feel free to visit us or to contact us for any further information."
This message was last edited by ABC Solicitors on 3/16/2007.
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Excellant. I am still happy to go ahead.
The more people that back us the better. I am sick to the back teeth of Gomendio and their attitude. Granted. The apartment, area and development is lovely but I will not be ripped off by a greedy developer.
Please remember that if we win we will get all of our costs back.
_______________________ SH
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Can you advise if you've dealt with similar cases or do you know of any other similar actions? It would be good to get a feel of what the normal process is, ie how long, what happens, potential outcomes ect. At the moment the prospect of anohter 1000 Euros on top of what we've had to pay out is a little concerning. Also the more people that join the action the cheaper the cost should be - shouldn't it?
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Hello, Louisen,
In Spain, to be honest, specially Civil Law is really slow, sometimes desperating. This process can take easily one year. When Suki asked me about the possibility of starting this judicial process I told her it would be quite expensive if there are only 4-5 people interested, because we have to pay also some experts to check each property. So, the cheapest prize of 1000 euros is only in case there are more than 10 clients interested. Of these 1000 euros, our legal fees are 300 euros. The rest of the money is to cover the rest of the expenses.
The first step is to sign the power of attorney. We can sign it in Spain or we send a power to sign in UK and send back to us. On 8th May we will start to prepare the whole process.
About the other question you asked, since 2003-2004 we have claimed some builders, for example Tecnología Urbanística, Travensa, etc... normally regarding delays in the completion or breach of contract. We are only specialized in Property Law and Fiscal Law.
Anyway if any client is in contact with another solicitors firm, I would like to know it to be in touch to work together.
Thanks
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Hi
I have an apartment in block 3 and am about to sign for it in the next two weeks. I am being pushed by the builders to sign and am being threatened with them withdrawing from the contract and keeping my full deposit or 30%!!! As I can't get to spain to to a viewing before the end of May I have to rely on a power of attorney to sign by the endo of April. Obviously the letter I recevied from the advice burea is a little alarming and Do not want anything signed at the moment (neither do I want to lose my deposit). I have not been happy with the developers attitude for a while now and am thinking that I am making a bad decision by buying from them. Despite the area and the complex being lovely I can't afford to fork out more monwy to put right their errors. I would rather have my deposit refunded and invest elsewhere. Is there a way out?
Happy for any thoughts on the matter
Nicky
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Hello everyone,
I am interested but feel 1000 euros is a lot more than I was planning to spend. Its nearly half what the kitchen cost and there is never a guarantee the case is a 100% winning case. Am I correct in saying if 260 apartments which is everyone agrees to this, ABC solitors will receive 260,000 euros from us. This cant be right !!
I would like to thank ABC for all there help and if they offered a No Win No Fee I would be very interested. It seems there is no way we can loose so there should not be a problem. Is ABC a friend of a friend contact or were they contacted as an independent company ?
I look forward to winning.
Glenn
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I'm afraid that whilst I was disapointed at not having the wall units in the kitchen we got exactly what we were told that we would get. a fitted kitchen including 'White Goods' Perhaps Gomendio, as a seller, was not as forthcoming as you may like but they never actually told me that the wall units were standard. We are extremely pleased with what we got and any 'Snags' that we fired back were rectified quickly and to our approval. Good luck with your case.
Tony P
This message was last edited by Tony P on 6/14/2007.
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