legal case result anybody heard anything.

Wht I am saying is that I have a copy of the offical judgement, stamped by The Court, where somebody took action against Corvera to reclaim all their money paid, on the grounds of abusive contract terms and the completion dates and lost thecase and where Corvera were awarded costs

So yes it is offical not hearsay or a rumour they won a case in The Courts

Thankyou Roy this is helpful to know although my son and I are completing anyway but at least it puts paid to a lot of speculation on what will happen with the class action. In my experience precedent is a factor which the courts use a lot and with this case won by Corvera it is not looking good for those trying to cancel their contracts on the grounds of advertising or incomplete facilities. This is to be expected in the current financial climate as it would be most unlikely that a judge would force a company's hand with the markets being what they are. It is just unfortunate timing for a lot of people with the world economy in trouble but there seem to be signs of recovery in the UK and the pound is strong which is all good for us UK buyers.  

On a very positive note I was in Corvera two weeks ago (when I was down in Roda) and the place is unbelievable with plenty of work going on. The new entrance is the most impressive I have seen and the golf course is greening up really well. The driving range is fantastic and the properties are very spread out and look really good. In another year it will be a great place to be and whilst I know it has been a slow process it will be worth it. I am looking forward to playing the course hopefully later in the autumn. We have a canela villa and I was very impressed with the finish and the layout is really good - the lounge/dining are and kitchen are really good sizes and the sloping ceiling is a really nice feature. Completing in October hopefully and I will post on some photos then. 

Don  

Thank you for your response Don and i agree with your comments of the resort

The only thing that I would add , to be things factual, is that the courts have govem them the right to appeal

I have not yet been inside a villa but I have the first 2 to inspect next week and then I will be happy to provide sample reports for anybody completing which will give a good guide to quality, what to look for and will include details of thigs like position and numbers of lights required, and room measurements

Hello

We just want to publicly thank Roy for providing an accurate reply to our question about the court case just won by Calidona.

This information has been very helpful to our family.

Once again thank you Roy.

hi,

I presume the court case was for corvera - but why didnt they take the bank to court!!! this is what bank guarentees are for!!! if there is marketing proving completion dates that were not honoured then the bank needs to cough up or go to court, not corvera!

Crg

They did take the bank to court as well included in the action

WOULD YOU BE MOANING IF THE POUND WAS WORTH 3 EUROES. eNJOY THE WONDERFUL SITE

Thanks Roy that certainly clarifies why the legal bill was as quoted by the original poster as in excess of 50K because all of the costs would have been awarded against the purchaser who brought the case against Calidona, including the Banks' costs as well. Makes a lot more sense now as I thought that the 50K was a misprint but my lawyer has confirmed that in Spain the total costs are awarded against the petitioner if the case is lost or thrown out. Costs are worked out as a percentage and given that the developer and the banks were both being challenged the costs could even have been nearer 80K. 

Don  

Hi fair dues

I would hold your horses on that outcome , as Roy put on another  post the Judge has given the Spainish purchaser leave to appeal ,

IT IS FAR FROM AN OVER AND SHUT CASE !!!

the only reason that the purchaser failed is that he brought the case against Corvera in May 2009 and the judge deemed that he should have waited till OCTOBER 2009 To put in his claim ( The said licences were from April 2008 - 18 months )

Same thing with the BG"s no claim till after October 2009

Calidona / Corvera have to show that what was deemed at the outcome ( not just a finished Apartment or Villa) BUT all that was promised in the Brochures etc have been completed by the said date

I will leave you to decide if they will finish all by then

Hi

I would agree with Jored.

This case is unusual and there are reasons why it hasn't been advertised by Corvera. My understanding is similar to that of Jored's. The judge ruled that action had been taken too early and to wait until the 18 months was up. At this stage there is scope for appeal if the advertised facilities have not been finished. While this may not be of comfort to those who have now completed at this '5 star' resort, it may be of note to a number of other clients who are at present taking action through the Murcia courts.

Please note Maria's article on the issue of Publicity and how it relates to the contract: http://www.eyeonspain.com/spain-magazine/publicity-contract.aspx

Ash

While this may not be of comfort to those who have now completed at this '5 star' resort, it may be of note to a number of other clients who are at present taking action through the Murcia courts.

Actually, I see it as positive for those who have completed as Calidona should pull out all stops in getting the facilities up and running. Granted, the hotel will not get built by Oct 2009 (but then I never bought in this resort for the hotel). Could it be that the court action is actually spurring Calidona to complete the facilities?

It took years to get a mini-market up and running in Roda - but from what I am reading it could be ready by within a few months.

M.

Hello, I am a Spanish customer, bought in July 2005. The project would have to be completed the 1st phase and the golf course in September 2007.

I did not get the appropriate bank guarantees (in Spain is obliged to give these guarantees to the delivery of housing). When he threatened to sue for it, they sent me some guarantees expired. Then finally they sent me some guarantees to lapse in May 2009. As yet I had been warned for writing and spent the expiration date, I have called the bank courts for the return of all money contributed.

In late July constructota caught my writing, but as all documentation is in court I could not do it.

In late October is not finished as the golf course, clubhouse, horse riding, restaurants, spa, shopping centers ... sue think Corvera Golf.

I pray that if someone has a copy of the ruling, sent via mail to me.

a hug.

jlheras,

I have sent you a PM.

Regards,

Ash

Hi Russ

I agree that some thing have not  been completed BUT we are in the midst of prehaps the worst reccision everTravel to Spain is well down hotels are closing and travel companies are scaling back their operations. If you was a share holder in the DEVRIES chain would you want them to build 2 5star hotels within 25 miles of each other. and them mothballed. Lets wait till the recission is over and the new airport is built and then see what happens.Until then enjoy what has been provided nice surrondings well built propertys and lovley weather as well as meeting very nice people.

Regards

ps if calidona do read these sights hurry up with my television

1234,

Apart from trying to appease Calidonia so you can get your television, you agree that promised facilities have not materialised two years after the original completion date?!

To each his own. Some will wear rose tinted glasses, others will look at the situation at Roda and use this as an example of what the future promises at Corvera.

Regards,

Ash

why not sue the unemployed for not spending their dole on spanish holidays.I want to watch my television  not appear on it tut tut

 1234 i hate to be repetitive but its a really important point that should be made and one that many people seem so quick to forget...this recession properly started last year, if you remember correctly it wasnt until Lehmans failed and the U.S bailout package was rejected in sept/oct  that the crap really hit the fan... that was a clear 3 years after we ,as phase one buyers paid our deposits and also a year after our properties were meant to have been completed along with the promised hotel and facilities.(i cannot even start to think about Roda and the timelines involved there) So i am afraid this continued defence of "we are in a recession" is a complete waste of breath,time and effort. It is an irrelevant argument because this resort as well as Roda should have been completed before there was even a sniff of "subprime"... That is why we are angry and that is why your attempts to try and trivialise the matter are annoying. We all bought on this resort because of the promise of a 5*hotel and excellent facilities, they have not been delivered and both investors and lifestylers, which i am sure includes you are being taken for a ride. Stop making excuses for this company and start demanding what you have paid for because at the end of the day you along with all of us have paid a lot of money for something that is not being delivered. I hope in the end that we all get out of this what we want, but if you look at Roda  the signs are not great.

regards

Dave

to make every body happy i quit . I am sure it will all work out in the end. I am quite nice really. Good luck to every body

bye