money back !

Hi

I have bought on Fairways and is there anyone out there who is in the process of trying to get their deposit back ?

Would be interested as to what chance your solicitors have said you will get your money back as i am seriously considering going down this route before the  LOH is granted.

I have heard (giving no names away) that at least one ME23 purchaser has already won his case for breach of contract on the grounds of delay and will be receiving his full deposit with interest

If you've got any sense you will be starting legal action immediately and before the occupation license is granted. This is your clearest and most legally proven way out of your purchase. If you wait until the license is in place it makes your life a whole lot more difficult

Thanks for that

I have been told that they expect to get the licence by tues the 6th of April ???

Do you or does anyone know what is so significant about applying to get your money back before the licence is granted ?surely you have the right to do this at anytime ?

I have been told this but i am interested to know exactly why.

Its such a shame cos i think it could be such a fab developement and a dream of mine in tatters, i take it your in the same boat ! 

My understanding of it is that the developer is in breach of contract from the time when they should have delivered the property according to your purchase contract and the time they receive the occupation license. After that it becomes more difficult to prove breach of contract (or there is no breach). You can only cancel your contract yourself if your developer has breached it

There may be some grey areas surrounding this but every single lawyer I've spoken to (and there have been quite a few) have said your best chance is to have legally registered your developer as in breach of contract and that you are cancelling your purchase contract on these grounds before they get the license, so this would be a letter from your solicitor or a document signed by a recognised notary. This is then supposedly a clear cut case that you WILL win in court unless the developer can prove that all of the delays were attributable to causes outside of their control and that you have been made aware of these problems and have acknowledged and accepted them as valid reasons for delay

Hi

The information I have agrees with Lurkers view.  Once the loh is granted it is very difficult (or impossible) to cancel the contract as the developer is deemed to have completed their part of the agreement, although in truth there could still be a lot of work and time required before the property is in a state to complete the purchase.  Thats just the way it works.

Also developers will go to lengths to avoid receiving cancellations prior to the LOH being granted and I know of a case where the solicitor had to pay a notary to deliver the cancellation in person as the developer ignored posted/faxed documents.  If the LOH is granted on Tuesday you are likely to be stuffed, but these things often get delayed so I would give it a try anyway.

Note there are other considerations and rather than repeat myself, have a read of my post on the Hallo thread,  1st November.

Good luck!

Sue

Hi Lurker,

You mentioned that somebody in ME23 has successfully cancelled their contract and got their deposit back.  Do you know if they had to claim on a bank guarantee, or if the claim was successful directly against the developer?  Who was the developer?

I am interested as I have bought in Medina Golf and Nadalsol, the developer is in administration.  ACC Seguros, the insurance company are refusing to pay out on the bank guarantee, and I am trying to enforce the guarantee through the courts.  I cancelled the contract 18 months ago, so I hope that I am protected.  In any case, it does not look as if the LOH for Medina Golf will be issued any time soon.  Any info would be appreciated.

Thanks

D 

Hi Donna,

The developer for ME23 is Peninsula and ACC provided the bank guarantee

I don't want to talk about somebody else's case on the public forum (not even sure it was OK for me to post about it)... I will ask them if they will contact you directly via PM

I was reading your other posts about ACC not playing ball - I'm not sure where you stand here as the legal advice I have taken has all been on the assumption your developer is still trading normally

Did anyone hear if the loh was granted yesterday, and if so for what development(s)?  I would have thought that Peninsula would have kicked into high gear if they had.   Based on the updates from those who have visited and been kind enough to provide details, how it can be granted is beyond me.

I have read a number of the posts over the last year or so and have struggled to find any reference to the Granada Green development in Medina Elvira by Peninsula. I purchased an apartment off-plan in 2007 and paid a 10% deposit to the developer. i have since met with the developer to agree a cancellation of the contract due to the delay but they refused. I have submitted a notice of cancellation to the developer through my solicitor and have also commenced legal proceedings (it is in court and we are awaiting a response from the developer). Has anyone else purchased in Granada Green and know what is happening? The developer has taken if off their website so i assume it is no longer going ahead. Also, there is still no sign of a bank guarantee and I believe that the building work has not commenced?

Most of the posts are to do with ME23 but none for Granada Green so i am assuming I maybe the one of only a few purchasers there.

I would like to contact someone who has managed to cancel their contract and claim there deposit back from Peninsula. Can anyone help?

Hi

The licence of habitation for Fairways was granted on Thurs the 8th of April my solicitor informed me this morning!!

Luckily for me i acted just a few days before hand

I just checked with my solicitor and when they checked yesterday the licence had not been granted and it seems it is still some weeks away...As long as you have your contract cancellation in place then I am hopefull that whether it has been granted or not it should make no difference.  But with Spain, it would seem, nothing is straightforward or clear!

 Hi PL,

Are you talking about Medina Golf or Fairways?

Cheers,

AIS

Just Fairways, I have not heard about any of the other developments.  But as we are all receiving conflicting information I don't know what to believe about any of them.

Looks like my lawyer was wrong, just received an email from Peninsula saying the licence for Fairways was granted on the 8th.  They must have friends and called in lots of favours to get that through...

Always assuming of course that they are telling the truth!

I thought it was a joke but then I remembered we're in Spain.

Obviously it must cost less money to pay off the officials than connect the sewerage system.

We bought an apartment in suites. In june we tried twice to sign at the notary but it didn't work out. In july we got to a lawyer to stop it all. First they blamed us that is went wrong. But since august we didn't hear anything from them.

The developers appear to have gone quiet with others as well.

It has also gone very quiet on these forums.

What is happening everyone?

Agree it has gone quiet all round. i have now received my full deposit back on my fairways appartment which is great xmas present .

this achieved against bank guarantee. should anyone be thinking of completing on fairways would think its essential to ensure guaranteed rental is actually delivering- i just cant believe it will but not seen any posts either way. 

Agree it has gone quiet all round. i have now received my full deposit back on my fairways appartment which is great xmas present .

this achieved against bank guarantee. should anyone be thinking of completing on fairways would think its essential to ensure guaranteed rental is actually delivering- i just cant believe it will but not seen any posts either way.