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05 Jan 2009 12:00 AM by mark/ang Star rating. 20 forum posts Send private message

HI

Does anyone know if builders are back on site ? We are on  Phase 4  but are not wanting to complete until we have more positive news .Spoke to our solicitor today about this and is going to speak to the developers on Wednesday we think it would be better to get our money back and start again especialy with the exchange rate.Our property will now be £30,000 more than when we first set out (as it will be for many ) is it worth that!!!

Is this complex ever going to be finished

Ange




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06 Jan 2009 11:41 AM by RSTA Star rating. 21 forum posts Send private message

We are on ph 5 and havent heard anything this year.  Out of interest, was your solicitor providing a postive note regarding trying to get a refund of monies paid?




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06 Jan 2009 2:25 PM by rayann Star rating in Terreros & South Shi.... 79 forum posts Send private message

Hi,

We are on phase X plot 135. We have recently been informed that Peinsa do not know when this phase will be completed. Our solicitor advised us to exchange to a completed plot because of this. She said she was waiting for photos of new plot and would fwd them onto us as soon as she received them from the sales office. Ok - we have had the holidays - but we have received nothing yet.

We were also told we had no chance of our deposit being refunded, so an exchange is the only option ? We would also like to hear if your solicitor was being positive on this point.

Unfortunately, we have no BG - never was offered one !

Ray & Ann




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06 Jan 2009 6:55 PM by beadso Star rating. 128 forum posts Send private message

hi ray

where are the other propertys  they are offering you




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06 Jan 2009 8:16 PM by mark/ang Star rating. 20 forum posts Send private message

HI Ray & Ann

Our Solicitor is going to contact Peinsa tomorow regarding the building work & H,Licence we let you know what he says. He has told us that even though our property is finished they can not force us to comlpete as they have not got the H Licence so this gives us more time. Also by law they have to provide you with a BG , ours ran out end of July so this could be in our favour if we do take them to court for a refund.

Its sounds about right that you have not had a reply form the sales office they just dont care ther is no comunication at all and this so annoying.

Ange




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06 Jan 2009 8:24 PM by beadso Star rating. 128 forum posts Send private message

hi

if your bg is out of date its invalid apparently. its the case on other developments with the same builder.




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07 Jan 2009 9:23 AM by rayann Star rating in Terreros & South Shi.... 79 forum posts Send private message

Hi All,

Thanks for the replies.

Interesting to hear that it is a legal requirement to be provided with a BG as we never were and never offered. We look fwd to your solicitor reply, Ange.

The other properties that they said we would be offered are on the completed phases of CDP.

If you want to go ahead and still try and complete, Roger has posted a thread "Joint Approach" which is a good idea.

Ray & Ann




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07 Jan 2009 1:53 PM by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 forum posts Send private message

Vip Supporter

There is a vast amout of good information posted in the general area of this forum regarding the laws and BG, especially concerning expiry dates

Recently in Spain there have been a number of test cases, which can be referenced and set a legal precedent, where a BG with an expiry date is against consumer law, should have been renewed by the builder and where have in the Courts and the noney has been paid to the buyers

It is also ilegal under Spanish Consumer Law not to issue a BG and an owners that doesn´t have one can bring an action  against the builder for failure to issue one

There are 4 problems with the process the first is the expense of such an action, the time it takes to get to Court, the gamble that the builder will still be trading and finally finding a good independant lawyer to take the case, most of the good ones are so busy they are not taking on any more work at present

On another forum for another Peinsa development a lawyer is claiming that there may be grounds for a criminal action, possibly fraud, if certain things, line the holding of deposits in a seperate a bank account, and using them to fund other developments, may be viewed as against the trading laws

A good source of  information is OMIC the Spanish consumer protection organisation 

Know Your Rights!

The Aval Bancario (Bank Guarantee) or Insurance Contract were both established by a 1968 Law to protect buyers in off plan developments.

Article. 1. - The developer must guarantee the return of the deposited amounts plus 6% of annual interest, through an insurance contract or by bank guarantee, in circumstances where the construction doesn’t start or doesn’t finish in the agreed time.

They also need to open a special bank account for your amounts (different from the general one of the developer) and have it expressly written in the contract.

Article. 2. - In those contracts where the parties agree on anticipated amounts the developer must expressly state:

a) That the developer will give back to the buyer all the advanced amounts plus the 6%, in circumstances where the construction fails to start or end within the agreed deadline, or the certificate of habitation is not granted.

b) Reference to the bank guarantee or insurance contract, this must indicate the name of the Bank or the Insurance Company.

c) Specification of the Bank or financial institution and the account number where the buyer’s money is deposited.

At the signing of the contract, the developer will give the buyer the document that contains the guarantee (the Aval or the Insurance Contract) and the document must have a reference to the amount that is anticipated.

Article 3. – If the deadlines for starting or finishing the development are not met, the buyer can choose between cancelling the contract with the return of advanced amounts plus 6% annual rate, or to concede a time extension, which will be stated in an additional clause in the contract, specifying the new deadline with the date for finishing the construction and completion.

The insurance contract or the bank guarantee together with the document that fully proves that the work has not been started or that the completion deadline has not been met nor complied with, will have executive power as it is stated in the Title XV of Book II of Civil Procedure Law, to demand from the insurance company or the bank, the amounts that the buyer is entitled to, without prejudice of any other given rights also applicable.

 

 

 

Written by: Maria de Castro

consumer advice amd information is OMIC, every Town Hall has one attached, the Spanish consumer department

Maria de Castro is a Spanish Lawyer and the Director of the Law Firm www.costaluzlawyers

 


 



This message was last edited by inspectahomespain on 1/7/2009.

_______________________
Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748


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08 Jan 2009 1:22 PM by RSTA Star rating. 21 forum posts Send private message

Thank you for this clarification.  We find this to be particularly helpful, especially the legalities of the BG system and seperation of funds by builders.

Somebody mentioned on here before Christmas that Peinsa Directors were due on site post Christmas - does anyone have any further updates on this so called visit.?  Assume the site is completely dead?

 




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08 Jan 2009 1:55 PM by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 forum posts Send private message

Vip Supporter

The site may be quiet this week as it is Three Kings week and most builder are not back working till next Monday

Nothing definate on the bankruptcy just the normal unqualified rumours



_______________________
Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748


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