Legal Action Corvera

Hi,

Sorry to put what some will view as being a negative thread out.

I am looking to take legal action against Corvera, ideally as part of a group. I am aware there are a lot of groups already  in the process, however, I would like to join one which is committed to taking legal action and not sitting around a room listening to Corvera come out with ridiculous proposals which include me paying more money to get out of buying their apartment!

Any help, suggestions can be PMd to me.

Many Thanks,

Adsyspain

You would probably stand more chance of winning a case or maybe getting some sort of deal out of court without being part of a group . Beware the pitfalls!

http://belegal.com/articles/showArticle/10-reasons-case-against-spanish-developer-may-be-thrown-out

Dealing on your own with Corvera is a total waste of time IF you want OUT of the resort. Corvera only want you to complete. There feel they have completed the resort as per contract, when asked where all the facilities are, they shrug and say that they will be completed eventually, when asked for a timeframe, they say nothing. They seem to think it is acceptable to build what they like when they like.

I and many other disgruntled Corverians intend to tie them up in legals for years as this is more about principles now than money.

I dont understand why anyone would swap a ph3 (that could have been cancelled and refunded) for a ph1 on a this ghost town development.  This resort is going nowhere in 10 years

Big divot

What person wopuld possibly want to tie Corvera up into years of legal batles not caring about money??????????????

 Big divot? 

(Is there a prize for the right answer?)

He must work for a legal firm because as far as i can see these are the only people benefiting from the current situation as they all work pro rata

No they dont actually.

We will see but i am aware of purchasers who have had their contracts cancelled at the last minute by Corvera rather than go thru the legal process. Why are they so concerned about letting claims go thru the courts if they think they have a strong case

Some lawyers are genuine and are working for their clients although i accept their are many cowboys out there.

No, I dont work for a legal firm and I dont want to spend a penny more than I have to, but when 2 parties cannot come to an amicable agreement when there is a problem there is only one course of action. I have talked to Corvera for months and it has got nowhere. I believe that they have not fulfilled the promises made, they do not agree. Its that simple.

As I said, its the priciple not just the money. Nobody wants to be mislead. I understand that others have completed but seriously doubt that they are all 100% happy with the situation. 

Read my original mail, I never said I dont care about the money, I do, SO dont put words into my mouth. Sometimes you have to do what you think is right whatever the cost. That is having principles. They can avoid legal costs themselves by facing up to their resposibilities and provide a sensible solution. It takes two parties to drag out a long legal battle, not one.

The only thing we can agree on, is that lawyers are always the winners whatever the outcome.

Big divot

This is your quote no words in your mouth

'I and many other disgruntled Corverians intend to tie them up in legals for years as this is more about principles now than money. '

Draw your own conclusions

But i do agree the lawyers will be the winners and we will al be the losers

Sorry but  where does it say "not caring about money".  it says "this is more about principles, now than money" which is not the same!  so you have put words in my mouth, I did not say I don't care about the money at all!

big divot

I;m sure we could go on about that all night and day but there is no such thing as no win no fee in spain so be prepared to spend alot of money in your 'legals for years' i wish you the very best of luck

I am fully aware of the costs involved and I dont remember mentioning a no win no fee deal?

big divot

Hey Big,

I'm with you but I don't think you should waste your time trying to persuade anyone else. What do you care what others think?

My view is you have to believe 'right wins in the end' (except when people won't even fight for their rights) or what kind of life is it?

You are doing so, as I am, others choose not to- that's up to them. You shouldn't justify yourself. Your day will come!

 Just  a quick note to all those who PMd me about the different groups and lawyers, many many thanks. I just need to make up my mind which one to go with. I never knew there were so many people in the same boat seeking justice!

There are so many out there fighting against Corvera that surely the murcia courts will be clogged up with the same effluence we were fed when considering buying!

Cheers

does anybody know why (for those on phase 1) court cases are taking so long when taking the bank to court to pay out the bank guarantee on a developent which still is not complete?

Just be carefull using the 'bank guarantee' route when making your claim as I have been informed by more than one Spanish solicitor that a bank guarantee is invalid once a property has it's first habitation license. I have heard that a certain solicitor on a certain costa has already lost a case following this route but this maybe just hearsay?. The bank guarantee is only held against the contracted dwelling - not the entire developement.

The BG as Steve states only applies to the property  and once The Certifcate of Habitation has been issued, and providing this was in the timescales as specified in the contract, the property is deemed, by the bank to be complete, and the BG is automatically discharged by the bank

On phase 1 the terms of the BG were adhered to so there are no known grounds to make a claim against a bank for a refund under the BG, which will now have been cancelled

It is well known that there are a number of legal cases being brought on the grounds that the resort is not as specified in the sales promotional literature but you would have to bring your own legal acton against Corvera to make this type of case

For anybody that has placed a deposit on a Phase-1 or Phase-2 property and is considering Legal action aginst Corvera and the banks by emvoking their bank guarantees and using the time-scale argument, I have obtained a very interesting translation of a recent court ruling that that finds the purchaser in breach of contract rather than Corvera.

If anyone is interested and would like a copy, please pm. me with your e-mail address and I will be pleased to send a copy of it it to you as a pdf.file, rather than just publish it across the forum.

Steve

Just shows that it is up to the judge and if he decides that in the Corvera contract, '18 months from final planning permission' is enough to constitute a specified deadline rather than giving an exact completion date.