Taking the developer to Court

We purchased an apartment at Santa Maria Village as we fell in love with the location and were impressed with the quality of work carried out by Sifasa.  We paid our deposit, using our life's savings, arranged a mortgage and were looking forward to using the apartment as a holiday home for ourselves and our young daughter.  Our solicitor advised us not  to complete because the licence had not been approved and then all the corruption scandal came to light.  We were advised to take the developer to Court to reclaim our deposit monies as the completion date had passed and a different lawyer was recommended by the lawyer we were using for the purchase. 

We are now on the third lawyer, each one of the previous lawyers passing our details across to the next one as they have left/changed practice/etc!   We have been advised our case has been presented to the Court but as yet no date has been arranged as the Courts are "saturated".  We have found it extremely difficult dealing with Spanish lawyers because of the language barrier and at the back of our minds are wondering if they are corrupt themselves and looking after each other and do not have our best interests at heart..  We find ourselves with a devalued property, no mortgage offer, lawyer asking for further fees to continue our case against Sifasa and a barren bank balance! 

We are at the stage that we are now going to give up on the whole thing and draw a line under it as our dream has turned  into an absolute nightmare! Has anyone any advice or in a similar situation?

Hi There

All I can say is that I've done business in Spain on several occassions and sympathise with you. SVirtually everyone and every lawyer seems corupt.

However I CAN recommend Costa Consultin in Marbell. I' have known them for many years, did the conveyancing on my apartment in Santa Maria without a hitch, didn't overcharge me, very helpful  and are still there!

English owned as well.

Good luck

David

Hi Steve

I paid the deposit over in 2005, and the property was not finished, and certainly no physical Occ licence.

We requested our money back, which was not forthcoming, so sued the developer, who then counteclaimed the balance due.

We lost the case in Sept 2009, and have decided to appeal.

The appeal is heard inthe High Court in Mallaga, in front of 3 High Court judges, all 3 can't be corrupt can they!!

I have used Irwin Mitchel, who have been pretty fair, and not cheap.

I don't blame you for continuing with this but be warned that these things can go on for years with claim and counter-claim. Are you sure the developers can actually pay you in any case...... ? Sorry but been burnt so badly by some of these people in the past I find it difficult to trust any of them.

Best of luck though!

I bought off plan at Santa Maria Village in 2003.. I bought like you all for investment and Holiday home use. I met the same fate. In 2008 i left Spain and Moved to Dubai. I left my case in the hands of Martinez Echevarria lawyers in Puerto Banus. Like you we lost the first case, won the appeal and then lost what i thought was the final hearing!!!  Listen to this....4 weeks ago out of the blue i got an e mail from them. They had some good news...They had won the case finally and had my money sitting in their account ready for me to give them my bank details. No joke, i was amazed as like many of you i wrote this money off like many of my other Spanish business investments. Anyhow if you want to get your money back like i did, Contact me or them.. I am not a broker, or time waster, i don't want any money, i just want you to have a fair chance of getting back what is rightly yours, your hard earned cash..

Hi does any one know if its true that Sifasa has gone into liquidation,

and that the liquidators have taken over all the buildings in Santa Maria village, hence  all does that did not complete will lose there money.

 Yes I have had it confirmed by irwin Mitchell, as I was supposed to have an appeal heard in May

but have stopped instructing IM because even if I win my appeal I will not get my apartment, but would only recieve some of my costs.

I am only hoping that the Bank who I hope are the major Creditor, will do a deal to of load the apartments that completion has not been made on.

I have accepted that I have lost my deposit and £30,000 in legal fees but can only hope the Banks might do a deal.

No Bank Guarantee either , so perhaps taking the Bank to Court is another option or perhaps they might accomodate a deal.

Does any one know what is going on with sifasa

And have the liquidators been in touch with any one.

Has the Bank taken over any of the building?

Does any one know what we can do as the solicitors in Spain

Don’t look like they want to do a lots.