Habitation Licence Arenal Duquesa

well, i don't know if i am being fobbed off but was assured today that there is nothing to worry about.  my agent rang after i emailed my concerns to them.  they said that there is no problem in arenal duquesa.  works stopped for a few weeks due to the new company taking over and not because of a problem on site. caja sur are nothing to worry about they said as they are major bank and would not delay things on their part unnecessarily. it would not make any business sense to sit on appartments they can release.   They simply  told me that the delay is still all down to the licences. they would have had to supply their own paperwork even tho arenal had done so and have been told by the council May, due to a heavy backlog and stricter inspections before releasing any licences right across the board.  they were very cagey about the takeover and kept brushing over it like it was nothing though, i must admit that.   i tried to be strong but kept being assured that there was no problem.  i hope they're not taking the 'P' out of me!!

i then spoke to my mortgage broker who said that the site opened again a couple of days ago for valuations etc and that he had had one provisional valuation returned so any real problems should have been raised on site.  he is going ahead and arranging my paperwork and valuation in the next few days.  but again this could just be a load of waffle to keep us hanging on and on and on and on and on. oh, and if i hear 4-6 weeks one more time i'll explode!

i really really don't know why everybody is getting different stories and whether or not i am having fairy stories fed to me but i can only post what i have been told.  i suspect somebody somewhere knows exactly what is going on but anybody i speak to is definately not giving anything away.  incidentally, he said valuation had come back at 268,000 but wasn't sure on type of appt, what block or floor etc. (again all sounds a little vague) 

i am awaiting a reply from my lawyers in marbella as she was out of the office when i tried to contact her. i did express my concerns to them tho so maybe she'll enlighten me further. However, i suspect she will just say the same 'we are awaiting licences'.  

sorry, nothing new but just thought i'd let you know what i've been told.

suzanne

Hi suzanne,

Spoke to Paul Cox a little earlier and his only concern is that relevant paperwork has not gone in to the town hall and this could delay things.  They have all gone off on their easter hols now! My understanding is that Gerens have a meeting with the town hall next week only problem is if paperwork is delayed now we could go to the bottom of the list. I don't want to quote him directly but his suggestion to me was to put pressure on my lawyer to in turn put pressure on Gerens/Cajasur to get their finger out. So perhaps everyone should do the same you never know it may work. And oh yes he said it should be about 4-6 weeks to complete. Oh no what's that rumbling I can hear? AHHH!

Alan

I have today had an email from my solicitor, he has spoken to  CajaSur and requested confirmation on when completion will take place.  He has also said that we may cancel the contract and recover the monies paid so far plus legal interest 4%.

I personally do not want to do this however, if the bank know this may be an option maybe it will speed things up a little??

I strongly urge everyone purchasing an apartment on Arenal Duquesa to contact their solicitors and urge them to make contact with the bank with regards to completion.

I bought my apartment off plan approximately 300 years ago - or so it feels -  I am contact with my spanish solicitor who seems to think end of May 07 for completion.  I have often been given a month for completion, but this time I have been give the year also.  So things look on the up!!  I personally am glad Paul Cox has gone, he never once gave me any information that was correct and failed miserably to carry out any instructions he was given.  So lets hope whoever is now in the sales office actually gives relevant info and not fairy stories.  I think everyone has waited a long time for their apartment and should just calm down now as we are nearly at the finish line.  To read some of your messages it makes me wonder how sane my new neighbours will be!!

Elaine did you not realise what you were buying into? It is the Duquesa equivilant to 'One Flew Over The Cuckoo's Nest'! We're all buying here so that we can say we are InSane not In Spain. Now where did I put my machete........?

Alan

[[[We have requested the town hall of Manilva for an update on the situation of the license, which is still outstanding.

With regards to the  shares of Arenal 2.000, the shares belonged 50% to Mr. Gomez and 50% to Cajasur ( which is a bank), the bank has bought the shares of Mr. Gomez and is currently the sole shareholder of the company.

They have appointed a new builder that started working in April, and for a few weeks ( in March) there were no workers on the site, nevertheless this shouldn’t have any impact in your property, which was finished long before that.

At this stage the developers are refusing any liability on the delay which, according to them is the fault of the town hall, and therefore they are refusing to pay any compensation for the delay…]]]

just posting this as today's reply from my lawyer in spain. i did try to cause a stink but they think we panicking for nothing.

anybody else heard any more yet?

suzanne

Does anyone know the procedure for pulling out of the deal..

At this stage we are fed up waiting for cmpletion date and feel with so many properties on the market we might get a better deal else where.. Our solicitor told us we would have to go to court to get our money back... laurden noticed on your last msg you mentioned you could get you deposit back plus vat, was this without going to court..

To be fair I do not know, but I would suspect that it might include court proceedings. Let's face it Arenal are very unlikely to just give you your deposit back plus 4% interest. And it may all balance on proving who is negligent for the late completion. At this stage Arenal are blaming the Town hall and the Town hall are blaming Arenal. 
Unfortunately we are in the middle!

I am still awaiting an email from my solicitor with regards to the completion schedule, I spoke with him last Thursday and he had requested a date from Caja Sur, as I have not heard I am assuming that the bank have not yet got back to him.

Hi Thewards, I can cofirm what Laurdan has said, I think it would take a long convoluted court process to try to reclaim your deposit. I called in my bankers guarantee on my deposit on a development in Marbella and the developer settled out of court and I got the 4% interest. However, that was built on an illegal site and there was very little the developer could do. Arenal Duquesa is a different ball game for the reasons that Laurden has given. If the developer were to settle out of court I think it would be a derisory offer. From my perspective it would be prudent to sit tight just for a little longer before taking further action.

Alan

Hello everyone, I stumbled across this message board during an anxious search for information on Arenal Duquesa Phase I developement. My solicitor in Marbella keeps telling me there is yet another delay in receiving the licences and the selling agents, McAnthony Reality have almost forgotten me and this developement! I've gleaned more info from this board than both of them put together.

Happily, various people on here seem to be quite optimistic...I guess we have no choice but to watch & wait.

At first glance it would appear we are neighbours with peps and Bridget. I'd be happy to hear from you guys and any other potential neighbours in Phase I.

Our unit is Apartment in block 11, entrance 36, second Floor, B, type 3, 1^st   Phase, together with parking space number 388.

monts & simmi

ps sorry for posting on multiple threads, this board is a bit bewildering at first :-/

Hi Everyone

We are in phase 1 but due to delays have not bothered with a valuation yet.  We have a third (top) floor corner unit in block 7.  Has anyone had a valuation yet on this first phase.

Gwilym

We have an apartment Block 4, Ground Floor valued at 283.00 euro.  We dont intend to sell it, just wanted to know for interest.  Its been 3 years now since we originally placed our deposit for this apartment off plan.  Dont know whether to book a summer holiday elsewhere or wait to see if this is finished by August!!  I have asked my sols to try and get me an update from the Town Hall,  I'd probably get more response from road kill, but still I travel in hope! 

Hello Monts,

I think we are pretty close to you.  Our apartment is Block ll, Ent. 38, 3rd floor.

I spoke to MRI last week and realistically we are looking at handover in July/August [she says].  I do know that Manilva are holding elections in May so I don't expect anything to happen until that's over!

Regards to a possible[?] new neighbour!

Bridget

So July/August handover means we can snag, get furniture etc when flights will cost a fortune and we will miss out on any rental potential for this year.

How brilliant.  I am sick of the whole thing. I hope it now drags out until early next year.

Hi Everyone

Thank you for the reply regarding the valuation.  We have one top floor and our son has the one next door.  We placed our deposit in October 2003!  As it has been so long we have had to make other arrangments so now we will let these two apartments.  If you know any one who wants a reasonable long-term rent let me know.

I know it has been a pain for us all but at the end of the day the most important thing is that they are finished to the quality promised and then we will have a decent investment.  The only way to ensure that this happens is to act together if we have any problems.

Gwilym

Hi Bridget! Yes, mentally I had prepared for little to happen before the summer was in full swing. Makes it hard to plan some time to get out there.

Everyone: I'd like to know more about these problems with windows in the second bedroom (?) 

I'm dissapointed MRI didn't bother to tell me differences between the flats. Anyone care to enlighten me?

Thanks for the info Bridget and roll on the summer...

Hi Everyone,

I have attached a copy of a reply fron our solicitor just recieved today.

Hopehully it helps clear up some questions, still no firm date though don't get too excited.

Peter.

  We refer you to your purchase in the above-mentioned development and write to advise you of the current position.

As you will recall the contractual completion date was extended by consent until 30^th June 2007. Therefore the developer has until that time to complete without potentially being in breach of contract.

You will no doubt be aware that the development has actually been taken over by the Bank that was originally assisting the developer with the development and supplying the bank guarantee, Banco de Andalucia. This does not adversely affect your position at all as the bank is bound by the same contractual terms as the original developer and of course is a sound financial institution.

We have made enquiries with the developer and the local authority with regard to the first licence of occupation. This has been formally applied for by the developer and is pending being dealt with by the local authority who have advised us that due to sheer volume of applications that they are having to deal with this may take a little time for them to actually process. They anticipate that it should be dealt with by May at the latest however. This will mean that completion can take place within the contractual completion timescale. The developer cannot ask you to complete without this licence and indeed mortgage lenders would be unlikely to complete a mortgage unless this is in place.

Please note that if the licence has not been dealt with by the local authority to enable the completion to take place within the contractual timescale it is unlikely that the developer would be held in breach as the delay would be due to the inability of the local authority to deal with the licence request efficiently and not the fault of the developer.

With kindest regards,

Thanks for that Peter but my purchase contract states completion for October 2006! Although the developer is stating that it is not his fault there is a delay. Where did Bank of Andalucia come from? The first I have heard of them involved in this. As far as I am aware it is Cajasur who have bought the Arenal shares and they are now the sole owners of the company!

Alan

Does anyone have a contact on site at Arenal Duquesa. I'm visiting next Tuesday and would like a 'guided tour' of the site if possible.

Thanks