Corvera hase 3 ( Near Entrance)

I was just wondering how many EOS members are waiting for Phase 3 ( near Entrance) to start. We know there are 8 blocks, say 12 apartments per block ( 96 apartments in total) .  I'm trying to guage the number actually sold and therefore if this is a factor as to why the delay in obtaining a building licence. I keep hearing that it has been applied for , but I am beginning to seriously doubt this. If it is only 30-50% sold, I cant see Corvera applying for a build licence for some considerable time.

If you are a EOS member and are waiting for your apartment to start within this phase, please indicate in this forum so that we can have some idea of actual numbers waiting. ( Please indicate regardless if you are taking action to get your deposite back)

Regards

ColinK

Hi Colin

I asked about this at the middle of last year. Having been told that they were awaiting final permission from the town hall, I then asked Rosa  specifically (in November) had Calidona actually applied for said permissions, to which the answer was 'YES'.

However, as I don't believe even the Spanish town halls are THAT slow I will ask for proof of those applications when I visit again in February.

HI we are just home,we are on phase 3,but up by the club house,and in january of last year we where told that building would start very soon.But after visiting the site on friday,surprise,surprise,they still have not started.We are non-completers

Hi All Phase 3

We have  a Menta on phase 3 near the roundabout. We have been told repeatedly by calidona that they are about to start, and building licence has been applied for but the town hall are very slow. We have also been told that all of phase 3 have been sold.

At this present time we would like out of this completely, but are unsure which way to go. Members have been very helpful and have given us some legal info and contacts. Which we have still to do.

When you say you are non completers, do you mean that you are part of the legal action group?

Regards

11Maple

We are on phase 3 near the entrance roundabout, in a 2 bed Mora apartment. We visited Corvera in December and asked about the building/planning permission and when it was going to be requested; it was clear that the customer service office did not want to talk about this subject and switched to offering us an apartment on phase 1 or 2 instead, which we declined!  We are now considering our options ......

Kenny

Not much hope for us poor bu**ers on Phase 4 then, or does that mean there is more hope they will give us our money back??????

It also means that any chance of having a hotel / spa / commercial centre / equestrian centre / medical centre / indoor swimming pool etc are getting slimmer and slimmer.  It's clear that such facilities won't be provided for phases 1 and 2.

This is exactly the reason why contracts should have legally binding completion dates IMO and why consumer protection laws exist.

I am Phase 3 Menta -D61 this may identify my neighbours. I wished I'd never ventured near MRI in Feb 2007, all started off so positively but to be honest I'm very dissappointed in MRI and Calidona. (I've toned this down 3 times to avoid any possible legal action). I've heard absolutely nothing from Corvera(Calidona) since January 2009.

Dont worry you will certainly hear from them the moment your apt/villa is finished because they will want you to complete and hand over the rest of your money!

We are being pestered on a regular basis to come and view our 'finished' Menta (phase 2) and to provide a completion date despite our lawyers making it clear to them that we have no intention of throwing anymore good money after bad and that a court date is already being pursued to reclaim our deposit for breach of contract - they are without doubt one of the most unprofessional organisations i have ever had the misfortune to come across and I for one shall be glad to see the back of Caledona whether successful in our court case or not.

Hi Terena

We have a Menta on phase 3 D59 and we must have bought about the same time as you. We are no longer planning to go ahead as we do not believe they will build phase 3  for at least 2+ years if ever.  This week we have given our information to two spanish lawyers for their advice.

Have you taken any action yourself? You say you heard from Calidona in jan 09 we have heard from them in 3 years, what does that say

Regards

11Maple

You can cancel the contract on the basis of late starting if there is a considerable amount of time (9-12 months) since you signed and the apartment has not been started, based on frustration of contract reasons.

Hello, I have a Menta on pahse 3 D54. I last heard from the developer summer 2009 telling me the apartment would be ready summer 2010. I've been considering my options and whether to gamble on trying to get my money back but have also considered the longer term prospects. If its not going to be ready for at least another year then as a long term rental investment things may look a whole lot rosier. I've read numerous posts around taking action to recover deposits but no posts saying anyone has been successful ! It has been made to sound like an sure thing to make a claim but is that what we all want to do. If everyone backs out then the place will never get finished.

Maria

Your reply is interesting, you say Cancel the contract, for "frustration of contract" (Delayed Start) but what about all the monies paid to date are these returnable?

Thanks others for posts and yes I am seeking action against Calidona.

Yes, the Supreme Courts states that cancellation just requires an abnormal fulfilment of the contract, resistence, excesive delay which can make dissapear the interest on the contract or turn it into useless or even harmful as frustrating the economic aim of the contract, breaking the mutual contract good faith .

The Supreme Court has also stated in MArch 2009 that the starting date for contracts of defered completion is an essential character of the contract.

Valencia Appeal Court has also stated this year that is according to rules of good logic  and healthy critic, that the excesive delay in the starting of the contract frustrates the aim of the contract, as the buyers cannot be under the arbitrium of the developer on an undefined basis.. This is expressly forbidden by provision 1256 of the Civil Code.

Valencia an Madrid Appeal Court too  affirms a contract can be cancelled if the completion deadline is conditioned to the granting of Work License as that is to leave the contract to the arbitrium of the developer, being this against provision 1256 of the Civil Code.

Maria,

I too am a Phase 3 (Jan 2007) prospective purchaser in Corvera.

Does the ruling in Valencia regarding frustration of contract have legal credence within Murcia or does each region have their own interpretaion of the law?

The Supreme Court ruling in March 2009 regarding contracts without an end date, does that also count for contracts signed in January 2007?

I was holding out for some progress in our situation, but I am rapidily coming to conclusion that extraction may be the best course of action.

CFK

Some very helpfull guidance but I have no idea how to go about stating procedings to try and recover my deposit. CAn anyone advise on what to do, who to speak to, what is might cost etc?

Topher, many of us are in the same boat. Some are part of the LAG and i believe are adopting a class action approach others myself included have our own spanish lawyers taking legal action and trying to recover deposits.  To my knowledge no cases  have as yet been settled and many (like us) are awaiting court dates. 

Suggest you speak with your lawyer as long as he/she is not an MRI stool or better still contact Maria who seems to come highly regarded by many on here and on other forums and is clearly very straight when it comes to prospects for success.

Best of luck

1) May 2006:  Signed a contract for an off plan property, estimated delivery date 18 months from the building permit.

2) January 2010: No building permit, no brick.

3) Due to this lomg delay, I have no interest in that purchase ... can I solve?



According to the Civil Law doctrines of "loss of the thing due" we can affirm that the delay of the start of construction for a period of several months, without good cause and non expressly allowed by the consumer, gives ground for contract cancellation.

 

According to Sentence of the Provincial Appeal Court of Valencia dated September 2009, Case law has broadly held and established that a situation of abnormality, resistance or excessive delay opens the gate to cancellation. As these irregularities break the interest in the contract originally agreed, or  turn it into useless and even harmful, frustrating  the contract's inherent economic order  which is  within the cause, breaking the mutual  contract good faith”  ( "FRAGRANTE  FIDEM, FIDES NON EST SERVANDA”.

The Supreme Court, as it is mentioned in the referred Sentence of Valencia "has set that time deadlines as an essential term of the contract (STS 15/11/1977, 27/5/1987, 13/3/1987, 6/6/1991, 16 -3-2009).

 

Continuing the Valencian Court saying that "it is irrefutable under the rules of logic and sound criticism, that the inordinate delay in fulfilling the contract defeats the purpose, because the future purchasers can not be left indefinitely to the developer´s will, being this also expressly prohibited by article 1256 of the Civil Code, which says: “The validity and enforceability of contracts can not be left to one party"

 

Similarly, the Supreme Court ruled in 1998 (14 November), that "The seller is not an arbitrator who can decide when a contract needs to be fulfilled, depending on his interests or conveniences, provided the buyer complies its obligations”

How is this all covered by Real Estate Consumer Law?

 

Firstly and again: Articles 2 and 3 of Law 57/68 so forgotten and much-criticized at times, to whose I make now a reminder of their last rationale, or ratio iuris: the protection of large sums of money advanced by the client to the developer for the construction of a very important good as housing is “These two articles empower the consumer to decide between extending timeframes or cancelling the contract if the house has not been started or completed on time”.

Considerations on the speculation on real estate unit and the economic crisis lying on developers can not languish the protective force of these provisions from 1968.  Being this Law a great tool for a sustainable urban development (so much being on discussion these days).

Secondly:  The model contract (stipulation first) signed under the roof of the National Consumer Institute in 2001 to buy / sell off plan and its General Conditions (General condition Six A, Second Paragraph). They ask for clarity on the start date and delivery date.

 

Thirdly: Under the present legislative decree on Consumers rights this uncertainty in the start and delivery dates are considered “abusive2 terms (Article 85.1).

In my opinion the declaration of the abusive character of a clause which puts beginning or finishing under indetermination, as these timeframes are deemed essential by the Supreme Court, should lead to the possibility for the consumer to the reduction in the price or termination of the contract.

Saying this under the doctrines on object contract loss, essential terms and cancellation, Articles 83 and 85 of Consumers Act Integration of contract clauses and article 2 and 3 of Act 57/68.

Cancellations by "fall" of the interest of the contract.



1) May 2006:  Signed a contract for an off plan property, estimated delivery date 18 months from the building permit.

2) January 2010: No building permit, no brick.

3) I have no interest in that purchase ... can I solve?

According to the Civil Law doctrines of "loss of the thing due" we can affirm that the delay of the start of construction for a period of several months, without good cause and non expressly allowed by the consumer, gives ground for contract cancellation.

 

According to Sentence of the Provincial Appeal Court of Valencia dated September 2009, Case law has broadly held and established that a situation of abnormality, resistance or excessive delay opens the gate to cancellation. As these irregularities break the interest in the contract originally agreed, or  turn it into useless and even harmful, frustrating  the contract's inherent economic order  which is  within the cause, breaking the mutual  contract good faith”  ( "FRAGRANTE  FIDEM, FIDES NON EST SERVANDA”.

The Supreme Court, as it is mentioned in the referred Sentence of Valencia "has set that time deadlines as an essential term of the contract (STS 15/11/1977, 27/5/1987, 13/3/1987, 6/6/1991, 16 -3-2009).

 

Continuing the Valencian Court saying that "it is irrefutable under the rules of logic and sound criticism, that the inordinate delay in fulfilling the contract defeats the purpose, because the future purchasers can not be left indefinitely to the developer´s will, being this also expressly prohibited by article 1256 of the Civil Code, which says: “The validity and enforceability of contracts can not be left to one party"

 

Similarly, the Supreme Court ruled in 1998 (14 November), that "The seller is not an arbitrator who can decide when a contract needs to be fulfilled, depending on his interests or conveniences, provided the buyer complies its obligations”

How is this all covered by Real Estate Consumer Law?

 

Firstly and again: Articles 2 and 3 of Law 57/68 so forgotten and much-criticized at times, to whose I make now a reminder of their last rationale, or ratio iuris: the protection of large sums of money advanced by the client to the developer for the construction of a very important good as housing is “These two articles empower the consumer to decide between extending timeframes or cancelling the contract if the house has not been started or completed on time”.

Considerations on the speculation on real estate unit and the economic crisis lying on developers can not languish the protective force of these provisions from 1968.  Being this Law a great tool for a sustainable urban development (so much being on discussion these days).

Secondly:  The model contract (stipulation first) signed under the roof of the National Consumer Institute in 2001 to buy / sell off plan and its General Conditions (General condition Six A, Second Paragraph). They ask for clarity on the start date and delivery date.

 

Thirdly: Under the present legislative decree on Consumers rights this uncertainty in the start and delivery dates are considered “abusive2 terms (Article 85.1).

In my opinion the declaration of the abusive character of a clause which puts beginning or finishing under indetermination, as these timeframes are deemed essential by the Supreme Court, should lead to the possibility for the consumer to the reduction in the price or termination of the contract.

Saying this under the doctrines on object contract loss, essential terms and cancellation, Articles 83 and 85 of Consumers Act Integration of contract clauses and article 2 and 3 of Act 57/68.

Maria

This seems to exactly fit my situation having contracted to buy on Phase 3 in June 2006 they indicated that completion was due by March 2009 indeed original bank Guarantees for deposit and subsequent instalment expiry date was June 2009. So far not a word from the developer. Our solicitor is entirely independent and we last year provided him with Power of Attorney to progress a claim against the developer' As usual his contact is sporadic at best, we dont seem to be going anywhere and still not a brick laid or a 'final building licence'

Has any Phase 1 & 2 been compensated ? Is there a gagging confidentiality clause ? Should we now move to another solicitor who will pursue breach of contract as instructed by the client  ? Is it usual to totally ignore requests for updates and client instructions?

How can we get our Guarantees implemented when the developer is so blatantly unwilling to face up to their obligations?

Pat

I had a disapointing visit to Corvera this week. The phase 3 work in the far end of the deveolpment has been stopped with only some foundation work done. Same with the clubhouse work, no activities for the moment. Talking to the sales office there is no explanation to the above of or information on the plans ahead. Beeing in phase 3 they offered me to change an unsold phase 1/2 properity. I looked at a few appartments but none of interest to me. I'll upload a few photos next week.