if we all stick together what could we achieve?

just a thought!

how many people have got bank guarantees ? valid or out of date(although according to spanish authorities it is illegal to have a date on it) and would like to claim their money back through the bank

i would imagine quite a lot!

so if we all got together and instructed a trusted solicitor (there must be at least one in spain)  to sue the banks in question

a. it would cost a lot less than going it alone

b. it might have more weight

it would be interesting to see how many would be willing to go down that path!

as i see it peinsa are taking the p--s!

we are not going to complete until all the licences are in place including the definitive licence

otherwise we could end up owning a house on an unfinished building site with no mains gas water or electricity

unable to rent or sell

your thoughts!!!

dave & celia 

55  phase 3

Yes that may have more weight as there appears no communications from anywhere.  Would be very interested in this approach.

We were supposed to be on ph5.

See the joint approach item - we already have 12 buyers who are willing and able to complete in key ready phases (1-3).

Penisa are aware of this and have basically called our bluff in offering 15 properties at stupid prices.

I hold a list of buyers, solicitors acting etc.  If you are serious - please PM as we appear to be duplicating our efforts under the 2 threads.

i really can't see how we are duplicating efforts !

as i see it you have been trying to change your properties for an earlier phase that is ready to complete!

i am only trying to establish if there are enough of us to band together and sue the banks for not honouring the bank guarantees!

perhaps i have missed something?

peinsa are trying to get us to complete on our property (phase 3)

there is no way i will do that until the definitive licence is issued by pulpi and all the mains services are up and running

i do not want to own a property on an unfinished building site w/o gas,electricity and water that i cannot rent or sell

dave

i think there are plenty of people would wish to be in your position and be able to complete, you have a habitation licience on your property which is the main thing , never heard of this final licience, what reason would it not be granted? , i think your playing a dangerous game and risk loosing all your money, id rather wait for a final licience than spend the next 10 years trying to sue piensa costing you 1000s of euro to do so. Im on phase 3 and am not going beat myself up about price falls or exchange rate , long term this is still a good investment and no matter were you had put your money in the last couple of years you would be facing the same problems , as i have said before i managed a decent discount negotiated by my solicitor and am happy to provide their number in san javier.

everyones entitled to their opinion!

i suggest you ask your solicitor about the definitive licence!!!

i wish you luck!

anyone else want to contact us please do so by pm and not on the main forum
 

thanks

Im sure every one knows the phrase "cutting your nose off in spite of your face", so lets look at this logically  ,

1. refuse to complete due to definitive licience "not yet" being granted,  piensa go bust money lost.

2.  complete, licience granted, money secured and peinsa dont go bust

3. refuse to complete licience granted , then complete, money secured the peinsa go bust.

4. complete , peinsa go bust, licience granted eventually ,money secured.

 now unless somebody knows a reason why pulpi would let a development in an area that is supposed to be their jewel in their crown go so far and not grant them a final licience when it is in the councils best interest that this and other developments get finished and habitated then please let us all know. sorry thought of another one

5 .refuse to complete builder goes bust , sue builder costing atleast 15000 euro wait ten years in the court and get nothing or possibly something.

           could any of the now residents let us know what they know about a definitive licience and are they concerned that they might get cut off?                 

People who have a B.G are covered by the Bank if the completion date on the contract is not honoured. Completion date means all licences must be provoided. I am also advised that a B.G. can not have an expiry date in law and must be honoured. It is a different case if someone did not have a B.G at all. I am on phase 9 and I know it will not be complete in February as per New Contract so I am looking for my deposit back even though my Guarantee will expire in a weeks time. I agree that we should band together with a common aim particularily if you are on a phase that has no hope of completion. Maria De castro seems to be a good solicitor but is expensive so if a group get together we may reduce the costs and lose less. The awy we all have been treated by Peinsa and the various solicitors is a disgrace and I can not stand any more of it at this stage. Nearly 2 teasrs of heartache and lies.

P

Hi ALL,

We agree totally with Arsenal's synopsis. We completed last last Wednesday. We're not in this for a fast buck and everybody should make the best of a very bad state of affairs.

After all the worries and concerns, we're sure we've done the right thing.

Good luck to you all, whatever you decide !

Marilyn & Rik

Good for you Marilyn and Rik!  Congratulations! Hope to see you out there soon!  Let's get this complex finished.  We'll be out there in three weeks for the carnival.

Joan and Jim

i was under the impression that if your property is complete there now no need for a bank gurantee and it is automatically expired because your property is now ready to transfer ,i think a bank gurantee only protects you during construction,

i was under the impression that if your property is complete there now no need for a bank gurantee and it is automatically expired because your property is now ready to transfer ,i think a bank gurantee only protects you during construction,

I also agree with Arsenal and wish that I were in a position to complete, habitation licence or not. As I said in an earlier post (back in November), in my opinion, it is foolhardy not to complete if you have the slightest chance and have worries about Peinsa.

The habitation licences have been issued for phases 1 to 3 and I obtained a copy from Almeriastu just out of interest. Although they contain a condition about some connection between water treatment plants (nothing to do with Peinsa I think) it does say that the document is definitive. My translator may not be quite accurate so ask me for a copy if you want to see for yourself.

This said take a look at Legal Tip 30 on Eye on Spain (it won't let me post the link but if you put the following after the main site name you should get it /blogs/costaluz/1113/legal-tip-30-you-do-not-need-to-renew-your--5768-bank-guarantee-they-do-not-expire.aspx) which says that the BG finishes its life with the habitation certificate.

Put these two together and if your property is in phases 1 to 3 your BG has no effect - you cannot cancel and risk losing your deposit if you don't complete.

I just wish I was on one of these phases. It is of course your decision but I certainly know what I would do.

Jon 

Hi all. Look at the forum for Corvera Golf and Country Club. I think they have something like 180 owners who have clubbed together to get info etc from the developer. It is common knowledge that Peinsa is in SEVERE financial difficulty. The last thing anyone wants is for Peinsa to go bankrupt, and the site lying unfinished for many years, but more importantly people without bank guarantees losing their money. However, the company is suffering in this recession, and the single most important thing to do is to protect yourselves. Safety in numbers.

The situation is a mess - Penisa must be suffering but they have failed to smile when it was suggested a signficant number of buyers offered to complete on earlier plots - so perhaps they are in better financial shape than we think!

The location of this development is such that failure to complete will be disaster for those who have waited patiently for years to complete and unable to do so, those who have already completed, those who live in the resort in general and Pulpi for their "showpiece area" being only part completed!

Also interesting is that we know of several buyers who have withdrawn (albeit awaiting their money back) but the houses are still showing and being classified by Penisa as sold - doesn't feel in control at their end to us!

Hi

Weve lived in San Juan for several years and watched it go from quaint Spanish village to neglected building site eye sore in a relatively short space of time. I'm sorry to upset anyone, but the Calas del Pinar site is dead in the water. It really doesn't take a genious to wor out that Pinsar isnt coming back and nobody else is going to buy or finish it. There was some movement several weeks ago, but unfortunately the lories were taking building materials and plant off thesite. My only advice to anybody being advised to complete or continue with a purchace on this or any other site in the area is to ask the advisor which estate agent they work for or who is paying them commission. If you have any way of getting your money back, DO IT NOW.

** EDITED - Offensive **

What a pity that expats living in Terreros now feel free to excercise their pessimism on a forum that is for purchasers on Calas Del Pinar. I have no objection to non purchasers passing on factual information but I certainly do not see why they think this is a forum for them to spread unfounded rumours or that they feel Terreros should remain, "Their Quaint Village".   The Developers "Peinsa" have never left site!!  There has always been Peinsa staff on site. Unfortunately the contractors, ETOSA & Obralia are not continuing construction at this time. We have all heard various reasons why this is so but no one but Peinsa actually knows. I am sure like all construction companies in Spain & indeed in the UK are struggling through this "credit crunch". The only good news that I can forward is that some ETOSA personel are back on site this week, only a few, and working on remedial work on the completed phases. This may not be very exciting but at least it demonstrates that ETOSA are still on board! The Calas Del Pinar site is one of the neatest construction sites that I have come accross. Yes it is at the town centre but anyone who has experienced the never ending construction (?) of the new road to Pulpi will know, that is doing more harm to the appearance of Terreros than CDP. I should state that I have lived on CDP since 1st July 2008, I would not want to live anywhere else in Terreros. 

well said bernardo & mick, im out on wednesday to i suppose throw more money away furnishing my white elephant, but then again im not a doctor of economics , fairy tails or sooth saying, i worked hard for this little bolt hole and might want to enjoy the place for the next 30 yrs ( god willing , im only 41) by that time i could have gone through another 4 boom and bust senarios.