anyone who has walked away recieved a letter from prodinal lawyer

Hi all

Am new to this way of communication so please excuse any mistakes. Have read all posts and my brother and I are in position that Pro Indal are going to court to claim compensation via loophole in contract giving them option of either retaining deposit or pursuing for more by applying to court to take our assets in England. They have chosen latter as they obviously think we have money (which we do not). Have now received request from lawyers (recommended by mri) to send 6.000 Euros to start litigation and fight court proceedings. We could not complete as I stopped work due to ill health shortly after signing and my brother is not financially able to carry it on his own. We had hoped to sell off plan and  make our fortune!

If anyone has organised a united group or would be prepared to join together to fight this please send me a pm. Am trying to contact Maria de Castro for her opinion and idea of legal costs as she seems to have the integrity missing from her counterparts.

Be pleased to hear from anyone with any developments/ideas.

Is anyone else in our position -  we have had no notification from the developer that the apartment is complete but have received the email from Garrigues.

EAK

Hi all, my solicitor based in Murcia and not connected in any way with MRI has stated categorically that Garrigues CANNOT  claim against any UK assets, only Spanish assets. I hope that puts people's minds at rest a bit.

I would urge against anyone spending money fighting this case at the moment especially if they have been advised to do so by the solicitor recommended by the agent.

We should all join forces with Spondonites though who is coordinating a buyers group.

Trevor

almerimar.costa-almeria.net/

Hi  - thanks for clarification tgedge but would appreciate any further info you have received- can you send a pm to me as I have sent pms to other members in the past month and have not received replies so can only think I am doing something wrong? Have sent  pm to you this afternoon. Also sent pm to Spondonites for info on joining group.

Thanks for the help. 

Hi there

Thanks tgedge have received pm and replied but also replying here as you are correct that pm is not activated until I have done more of these. Thanks for info - we have a theory that the developer is going after those who have other property in Spain that can be seized through spanish court - would be interested to see if theory is correct - do any of those being threatened with court action own/are purchasing other spanish property where they have already paid deposit/completed?

I think this all seems like a big scam we never recieved any notifiation that property was complete with all licences. We changed at the very beginning from the mri recommended lawyers as i was not happy with some of the stuff they were doing and saying. How much is it goin  to cost to fight this if we go with spondaites lawyer. Maria is a very good lawyer she told me she does not think they will do anything more than keep our deposit. We have nothing in spain they can take thanks tedge for that info i'm sure you have put alot of peoples minds at rest.

Hi all

Do not seem to be able to send pms only receive so am replying here - tgedge - thanks have taken that onboard. fuanak - have sent pm to spondonites but no reply - would appreciate pm from spondonites re joint group if poss.tiamaria - thanks for info my theory re spanish property is incorrect so do not know what they are hoping to achieve. At moment trying to battle through all avenues but am awaiting reply from Maria. Think there is more power by joint action.

Thanks to all for your support and help and apologise for any mistakes inadvertently made.

Hi everyone, has anyone received any more information/news about the threat to take legal action against "walkers"?

We've just been told we have to complete within two weeks and we don't even have a mortgage agreed yet!

Seems like quite a few emails have gone astray which has rather hindered any progress!

PM me if you want to swap telephone numbers to discuss.

Trevor

almerimar.costa-almeria.net/

Has anybody able to confirm what is the true legal position if a buyer "walkout" ?    Are we liable for more, or just the deposit ? And can they pursue the buyer who are domicile in say the UK ?   Despite the apparent number of people affected by this, there do not seem to be the will to get together as a group to deal with the issue, unlike in other forum.  I know of another forum where the buyers grouped together and even had a face to face meeting with a lawyer who subsequently represented many of them.   Surely this is something we should be doing.  Any taker ?

Yes I have information and agree that everybody is talking but nobody seems to have the answer.  I do have an answer but this is an open forum and I would prefer not to share this information with the developer or his lawyer.  I will do PM to you Robert8.

Regards EAK

PS Happy to share info with others, depending on what grounds people have for walking away.

Hi,

Can someone tell me how or where can I get a copy of an apartment floor plan with dimension ?  I ask my lawyer and she just sent me a general plan showing the layout but no details on size.

Also, I asked for a copy of my original contract in Spainish and I got just one A4 page of contract .  Is this the entire contract ?  Is it sound similar to other people's contract from  Violette ?

Any pointer will be much appreciated.

Regards

fuanak

hi there all im in spain now and have given my Portofino spanish  contract to 2 lawers to dobblecheck i will post the results in the next few days .

Frissi spain

Hi Frissi spain

Still in Spain? Do you have any news

Regards

EAK

has anyone received any information from lawyers? i cant complete as i cant get a mortgage and the developers are taking action via the court? why sign the deeds if i cant get a mortgage?

if anyone has advice it would great to hear it

or if there is a group i would be interested in joining it

thanks

EAK,

Very happy to join in a group action and put effort into that.  Being new, couldn't send a PM, but would be grateful for your, any anyone else's, advice.

Julian

Just another thought,

When signing the Private Purchase Agreement, the lawyers stated that it was not a property contract but merely a legal device to ensure that I had first choice on eventually purchasing the finished apartment.  I wonder if someone has actually tested the legal status of a Private Purchase Agreement in a Spanish court, and how robust it is in Spanish law.  It appears that there is little case law to support the strength of such agreements as most cases seem to be settled out of court with the developer having to refund deposit monies on late completions.

Julian

hi julian

you could have a point i wonder are there any lawyers who can answer our queries? is it not the case that they must first give deposit back before they can sue for any moneys?

 Tiamaria,

Not sure, but I am checking this out as I write.

One thing is for sure, in the good old days of boom, there was little stress-testing of these agreements as the developers could simply sell the abandoned apartment to the next purchaser. Now that they cannot do that so easily they are going for the next easiest option which is to reel in the fish that is on the hook, but to do so they have to go to court.

I'll try and report back in public, but aware that some of the finding may best be conveyed under PM's.

Thanks,  Julian

Hi everyone, thought this bit of information might be relevant for this thread. I walked away from Porto Fino back in autumn '08. I haven't had much contact with MRI since then until they phoned me up last week. I met with some representatives at the weekend, as did a number of other people who had also put a deposit on an apartment in Porto Fino. They said that Proindal cannot legally force anyone to complete the purchase, its only a scaring tactic that they hope will allow them to recup some revenue. Anyone who put down a deposit but left, would have a case against Proindal as they were in breach of contract over completion dates etc, but, as they are on the verge of insolvency, we haven't a chance of getting any money back.

As an aside, we were all offered equity in an MRI apartment equivalent to the value of deposit we walked away from. In their words, they felt bad for introducing us to the Porto Fino complex and being partly responsible for us losing money. My personal take on it is slightly different and a lot more cynical! We (my wife and I) declined. Apartmently, most people took it up.

Hope this is of help,

Andrew

went to a meeting the same as your self and also said no to what they were offering

but again they said the same thing as you wrote about the developers and said they would not stand a chance in a british court to try and take our property