anybody had a legal proceedings update?

Hi all my case is looking really postaive,  Mr Mendez is doing a good job for me. I found him on lawyersdirect es whom are english speaking and keep me updated. the cost is not alot, I looked for other Lawyers but there costs were alot.

 I agree mainly with Mendez, if you have a Certificate from the Town Hall confirming that the property hasn’t got the necessary building license, it’s really easy to execute the bank guarantee.

I have got several executions for my clients in similar cases with no problem; the only negative side of it is that it takes some time due to the usual proceeding duration, so I usually try to avoid it by negotiating with the bank in first place.

 In my negotiations I usually show the bank  favorable sentences that prove that is always better to return money voluntary than going to Court and end up with the procedure cost plus interest for the proceeding time.

However, we have to look at each case independently, and in this  particular case, this third phase  in Corvera doesn´t have a  license approved and the construction hasn´t even been started, which shows the fund return as very probable.

In case the builder tries to say that the contract cannot be resolved as there was no breach of contract because, according to its content the agreed period of time for construction and delivery of the property depends on the approval of the building license.  We can legally request from the builder the cancelation of that clause as it’s abusive, according to the Spanish Consumer Law,  and  get it changed by an exact period of time that doesn´t depends on the builder’s will , which is also required by the Civil Code, Código Civil, art.  1.256.

 After that change in the contract the builder’s excuses can be reduced and make it more favorable for us in case we claim the resolution of the contract and  the following execution of the bank guarantee .

The cases where Corvera won in Court, was because the dwellings were completely finished, and there was just some delay in the completion date.  According to well known precedence a delay isn’t important enough to get out of the purchase contract especially   when the property is basically finished and the completion date isn´t consider an essential aspect in the contract. From some judge’s point of view it’s like the buyer has just change his/her mind and considers the purchase a bad investment.

I also saw some comments about the contract being written only in English. As a simple answer, private contracts are determined by what the parties want, it means that as a difference with the notarized documents, title deeds, private contracts can be written in the language that has been chosen by the parties.

O.Palacios

Hi O Palacios

I believe a lot of people are not completing because the facilities promised have not been built.  So in your experience, where does that leave people wanting to get out of the contract.

Regards

Emsy

As you probably have heard before, the signed contract establishes parties’ obligations, so if people want to get out of a contract because of the facilities, people should make sure that the promised facilities are properly described in the purchase contract. People can also ask their lawyers to check the building project and see if those facilities are also included. If the expected facilities aren’t included in the purchase contract and you cannot prove that the builder’s project was including those facilities, there isn’t much to do.

Hello O,

I have never seen you on any forum.

Why have you chosen Corvera?

What is your legal standing?

Regatds, Frank

Hi Shannon,

Why are you so curious?.

I was never in any forum before, I client from Corvera told me about it, so I went in and read some comments. I just couldn´t avoid to paticipate and give my proffesional opinion.

Kind regards.

O.Palacios

Hi Palacios

Thanks for your reply and welcome to the forum.

Emsy

 Hi everyone,

Can I ask the Spanish legal experts out there a question:

It seems that a clause in a contract for an 18 month completion date from the date of the building licence is held to be abusive when the property is not yet completed. 

Why then, if the property has been completed is the clause not abusive, even though it took 4 - 5 years to build it.

If we waited 5 years for phase 3 to be built, would the clause in those contracts then become non-abusive?

Surely the law looks at the contract, decides whether the clause is abusive, and then decides the case based on that.

Why would the same clause be abusive in one contract, but not in another?

Cheers,

AEC

Hi Everyone, i realise i'm probably going to get shouted down here for being far too positive, i completed my phase two tilo apartment purchase almost a year ago (i think i was one of the first 50 or so completions) and i have enjoyed four nice holidays at Corvera since. I regularly read this forum every couple of weeks or so but have not posted a comment before, it just seems to me that most of the people posting comments on this forum are either trying to drum up work for themselves or they are really anti Corvera Golf. This Corvera Golf purchase was not my first property purchase in Spain and i can honestly say the Corvera Golf purchase was remarkably smooth compared to my previous experiences. I never believed the sales pitch about Corvera Golf being the new La Manga Club or a Centerparcs type resort in Spain and i'm surprised some of you believed all that stuff. I looked on the De Vere website five years ago before paying my deposit and even then they made it clear there was no actual commitment for a hotel at Corvera and i certainly never believed all the stuff about shops on site, i don't know any small golf development in Spain that can sustain anything other than a 'corner shop' and a small cafe or clubhouse bar. As an existing owner i urge all of you to complete your purchases and enjoy the resort for what it is (a nice little golf resort development). There will probably never be a five star hotel and there will probably never be much of the other stuff mentioned in the sales pitch either, but the build quality is actually quite good for Spain believe me, the Golf is good and the location is great as far as i'm concerned. So i say stop moaning complete your purchase and then roll your sleeves up and make the best of it, i did and i definately have no regrets. IT WOULD BE GREAT TO READ OTHER POSITIVE COMMENTS ON THIS FORUM TOO, down with the doom mongers !!!!!

Hi Simon, I too read the posts every few weeks or so, but have only posted once! We are going out to Corvera this weekend to complete on our appartment which was originally in phase 3 but have got a great swap on a 3 bed in phase 1!

We were out in July for a family holiday and really loved it. The kids loved the golf and I must say I really enjoyed the peace & quiet at the pool, not the usual en mass stampede! We are looking forward to exploring the surrounding areas a bit more and if you have any useful tips, I would appreciate it. Hope to see you at Corvera in the near future.

Any residents out there from Sun to Wed ??

Hi Simon,

Thanks for urging me to complete but i am afraid unlike yourself i did actually believe that a little bit more than a golf course , a few apartments and a hut for snacks was going to be built on this 5 star resort.... SILLY ME EH?

its people with your attitude (make the best of a bad thing) that actually let Calidona get away with ripping us all off. Fact of the matter is you have bought something that has been devalued by the downturn in the economy and also by the fact that you have paid top dollar for a resort that isnt 5*. So although i am glad you are enjoying it please dont patronise those of us that feel strongly that we dont have to accept the shxt that we are being given.

Oh and by the way ,some of the "doom mongers"  that you so politely call them are genuine people who have done nothing wrong other than believe a prestigious company would actually deliver what they promised to. Those liars have now put these people in deep financial and emotional stress that is clear you have no concept of.

** EDITED - Language **

thanks.

Hi Claire, I knew there were other positive people out there !  The squeeky wheels have had this forum for far too long, i believe they are actually quite small in number and the positive ones like me are the 'silent majority' enjoying the resort. I take people and companies as i find them and i have not had any problems, i would like to see the clubhouse finished but in the meantime we have free golf so that's not too bad. Hopefully in time the Spanish property market will pick up and then the people who don't want to complete will have a way out, that will just leave the positive ones like me, Great ! Claire it was nice to see your post, you should definately take your sat nav with you to Corvera and try out these destinations, enter the post code 30110 for the Nueva Condomina indoor Shoping Centre in Murcia, enter the post code 03190 for an English Language Cinema at Pilar de Horada (but check film times first at cinemapilar com), enter the post code 30730 for Ten Pin Bowling at Dos Mares Shopping Centre in San Javier, i'm not sure of the post code for the Terra Natura Zoo and Water Park in Murcia City but i know it's junction 136 off the A-7 motorway (the Murcia Uinversity junction) , Enter the post code 30002 for the Sea Life Aqurium in Murcia City, for alternative Golf try the Polaris World Mar Menor Golf Resort in quieter months they often do a free meal in their clubhouse with each pre-booked round of 9 or 18 holes. There is plenty of other stuff to see and do within the Murcia City, San Javier and Los Alcazares triangle and the beaches along the Mar Menor are pretty good too. I will be back to Corvera at Christmas and i'm looking forward to it.

 Hi AEC,

That clause is always abusive; the completion date cannot depend on 18 months after getting the building license. It doesn´t matter if you have been waiting either 3 months or 5 years.

What doesn´t make any sense is to wait for 5 years to complain, especially when the property is finished. You should have asked to change that clause either before signing or after signing, you can get it from the builder as these types of clauses can be economically punished.

People can either be positive or pessimistic depending on the personal experience, I just make comment about legal issues and I don't have any interest in criticizing this resort.

Hi there,

Thanks for your reply - I appreciate the impartial advice.

The property was not completed when I asked Corvera to cancel the contract on the basis that it had been 4.5 years since I signed.

They refused, so I filed a case in the courts - the property has since been completed.

If the clause is abusive and the property was not completed when I asked them to cancel it then how can the court rule in favour of Corvera?

Hi There,

We are going for BANK GARNTEE refund. It’s simple we did not get what we were promised on our contract and went to lawyersdirect es and they have pointed these facts out.

Sorry for the doom but its simple now we want hard cash back from the 2 banks that guaranteed us the Refund if it all went wrong.

Linda

Got a call today to go and pick up my brand new €80000 top of the range Range Rover from Malaga

I was chuffed to bits driving there BUT when I arrived I was told it had changed to a Freelander for the same price

After much thought I agreed to take it for the same price

Suppose I`ll just have to live with it, its just one of those things, hopefully second hand car prices will improve

Simon and Claire - if you are now owners on Corvera, there is another (positive outlook) forum on Murcia Golf Property Owners that you may want to join, if you PM me I will send you details.

We are happy owners at Corvera too - if there was a clubhouse  then we would be even happier but it will come in time..

Best wishes, Harry and Christine

Carlos here's a tip. Keep the freelander for 15 years and it will then be worth exactly the same as the range rover (£1500 quid if you're lucky). In the meantime you can either not use it and moan about the depreciation or get on with it and make the most use out of it you can. Who knows you may even get to like it and wonder why you ever wanted the glitzy range rover in the first place?

hmmm

Scratching my head on that one Steve

What happens if circumstances dictate I have to sell my Freelander in 12 months time

heres annother tip ..... complete on the spanish property on a resort without facalaties ...... keep it 15 years ... and hope its worth what you paid for it !!!  lets not forget maintenance wear and tear and community fees ...... anybody heard how calidonas meetings with the bank went ?   were they not in september / october   with regard to funding for the clubhouse ?

no problem buying a freelander .... just dont want to pay range rover prices !!