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Hello All,
In order not to spoil the craic on the previous thread can I reiterate what Searay asks; What are all these deals that Corvera are doing? As Searay says if more people were aware of the details (anonomously) then it would be in everyones interest however involved with Corvera.
Or in even hoping for enlightenment, is my altruistic nature running away with me again?
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Shannon, Searay etc.
As said there are deals to be done, however deals are usually two-way things. ie. if you have nothing to offer Corvera then they will probably have nothing to offer you in return.
In summary :- Good deals for new buyers or purchasers swapping from p-3 and p-4. For those who have paid a deposit on p-1 or p-2 which are now built and have a first occupation license within 18 months of final planning permissions as the time schedule in the signed purchase contract stated, probably zip, nowt, niet etc as they have nothing to offer in return other than completing as per contract.
As somebody else has said before .......... Simples!
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Steve (Lifestyler)
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so basically then ... if you are prepared to settle for something you didnt want in the first place (or why would you have bought p-3 / p4 ) theres a deal to be done .... isnt that calidona wearing buyers down with delays in delivery and getting rid of unsold units on early phases ? ...... if the early phases are unsold what chance of the later phases or indeed the facalaties ?...... a win - win situation for calidona .... they get rid of unsold units on early phases and at the sametime relieve themselfes of a liability to build later phases !..... a great deal .... but for who ? .
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I have met people that are really happy to have swapped from p-3 and p-4 as they couldn't originally buy in p-1 or p-2 because the penthouse or 3-bed or whatever was reserved or not available to them when putting down their original deposit. To be absolutely honest, as long as the clubhouse is eventually built etc. I would now prefer it if p-4 were shelved indefinately as we can look out at the hilltops and mountains rather than more apartments. Whats the build density of 1200 apartments and villas as opposed to 1800. Being selfish, the clubhouse is the only thing I would like to see built from now on, makes the place even more exclusive.
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Steve (Lifestyler)
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Hello Steve and Jane,,
Would I be right in thinking you consider that " those who have paid a deposit on p-1 or p-2 which are now built and have a first occupation license within 18 months of final planning permissions as the time schedule in the signed purchase contract " and have not completed are in breach of contract?
Regards, Frank
ps Shudi, was your reply written with a smile or a snarl? (I hope it was with the former, as I had the impression you were a nice type of person and not bitter!)
This message was last edited by shannon on 13/11/2010. This message was last edited by shannon on 13/11/2010.
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Not me, just the judge in the court ruling that I sent a copy of to you.
Some people out there may well have had 'until the clubhouse is built' or 'until there is a 5-star hotel with a spa' written into the contract as an appendix though and these may stand a better chance of getting their money back.
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Steve (Lifestyler)
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Hi Shannon,
Of course it was with a smile.
I am of the opinion if you do not ask you cannot get and so we went over to Corvera to look at what might be on offer in way of swap.
As Steve (steveandjane) has said we swapped to something that was not available when we initially went to look . If you are undecided go over on cheap flight, have look, think about options and haggle. otherwise you might always think what if.....?
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Hello Steve,
I did read the ruling that you sent me and I must admit that with both the legal language and slightly odd translation I found it a bit confusing. But I do think that what a lot of people are complainiung about ie, lack of and no future guarantee of, advertised facilities is not directly comparable with the pertinent judgement paragraph ( if indeed this is the part of the judgewment you consider pertinent)-"Nor is it feasible to examine the efficiency of an advertisement in order to contemplate a date other then that which is established in the private sales contract and with this obligate the guarantor party since this argument requires an interpretation of the terms in the contract examining and evaluating the behaviour of the selling company which is not possible in the setting of a lawsuit, which depends on the provisions of the third article in relation with the second of the Law 57/1968 of the 27th of July and in which the selling part has not had the opportunity of being heard. As a consequence it is a case of invalidity of the enforcement order."
Obviously I may be completely wrong, but it seems to me that the two positions/arguments are different. If you were to ask me did I expect a particular date when certain facilities would be complete, then I would counter with my point that there was an expectation on my part for the facilities (excluding the golf course for obvious reasons) to have begun along with the apartments villas etc. In consequence some facilities would now exist. I would also say that a scenario like that would have given me some hope that Corvera would not default on building the rest of the promised facilities.And that is were I think this judgement does not address my argument, but time will tell.
Nonetheless for all us good people, completers and noncompleters, to be 5 years down lifes road, being virtually held to ransom to complete the clubhouse and be devoid of the facilities we were promised, with no guarantee that they will ever be delivered, is an absolute disgrace.
Regards, Frank
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Frank,
I fully understand and empathise that some people really only want a guarantee that the 'promised' or as I have always called them, 'planned' facilities are to be be built in order to complete. I too would like this but firmly believe that being work in progress is the best we will get with Corvera's current cashflow situation. I am not blaming the non-completers and fully understand their reasons as I have said but the fact remains, without their extra financial input, work in progress could take some years. The major problem with the judicial system is that it is not all about right and wrong, it is about a black and white contract.
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Steve (Lifestyler)
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Hello All,
Sorry Steve I have taken so long to reply. I have had a lot of things going on this last few weeks. Unfortunately mainly bad. Still, can I ask; as the "black and white" contract does not mention a golf course being built, were you expecting one?
Regards, Frank
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I will admit that as the seller was Corvera Golf, yes I was expecting a golf course but was told early 2007 that it would not be built before phases 1&2 as they were situated mainly in the centre of the proposed course and would be detramental to the course if built after the course. Likewise I would expect a clubhouse to be built to serve the course when it opens officially (even if this is a temporary one initially).
I should perhaps in hindsight have gotten this put into the contract but signed anyway so if it doesn't happen then I can only blame myself for naively believing a salesmans pitch as so many others did. I do however still have faith in it happening eventually.
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Steve (Lifestyler)
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Helllo Steve,
The phrases you have used below, for instance "expecting a golf course" and that you did "expect a clubhouse to be built" and you use the term that you were "told", are used to bolster a view that you hold to be different from mine. It quite patently is the same as mine and differs only in a matter of degrees. My expectations were simply higher than yours based on your reply below
.That begs the question why were our expectations so very different and I would repeat my view that I expected a golf course, a clubhouse, a health centre, a spa, a hotel, a swimming pool etc etc because they told me that was what I was going to get.
Regards, Frank
PS; I posted this before reading Steves post on another thread.
PPS, Am I the first to get the following in? Happy Christmas completers and non completers!!!!! This message was last edited by shannon on 04/12/2010.
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As a completer on the resort i was given the same sales pitch as everyone else. You would have been mad not to believe it you cant have a gold course without a club house it does not make sense. When i bought at Corvera i first looked around Polaris world which i like the concept but not the quality. In Corvera i wanted the same but better.
Although i expected all the facilities and still do one thing i was not told and i doubt anyone was, was the order that they would arise. This is where i feel phase one buyers on this thread are being totally naive did they really expect the first thing to be built the golf course then the club house and then hotel? This was never going to happen and the fact that everything took so long in the first place has quite rightly worried everybody about completing. But the simple fact is they will not have the cash flow to build more until phase 1 and 2 complete so we are in a simple scenario people dont want to complete until there is a club house and there will be no club house until phase 1 and 2 complete.
I really dont think the deposit payers will get there money back because Corvera have fulfilled their contractual obligations by completing the construction after the permits came through the fact there is not yet a club house will have no effect because its not stipulated that the clubhouse would come before the completion of any single property. All you non completers stand to forfit your deposits because legally as per contract Corvera have fulfilled their part and im afraid as an owner your screwed. Mark my words Corvera will start legal proceedures against deposit payers that dont complete and they will win because the Spanish legal system will back the Spanish companies in an effort to kick start their economy.
It really is a case of bad timing with the recession but thats not Corveras fault. Im very sorry for the people that feel they have been hard done by in the long time line, but now im started to get frustrated with all this so i hope Corvera wins back all the properties you non completers default on your deposits (that will really give you something to moan about) and they get about selling these properties (even on the cheap i dont care) to protect my investement and get the sales figures up and then get the clubhouse finished. Corvera has given you good will time to complete you have decided not to for whatever reason i hope you lose your investments and the sales start rolling.
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Hello All,
I woulld like to say all the best and have a good Christmas, to all the forum contributors, with the exception of Iain, who, during this period of "goodwill to all men" has shown a total disregard for other people and demonstrated a lack of thoughtfulness with such venom, the like of which has never been expressed on this forum before.
Regards, Frank
This message was last edited by shannon on 05/12/2010. This message was last edited by shannon on 05/12/2010.
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Hi All, I'm with Iain, i started off feeling sympathy for non completers because i thought they must have just fallen on hard times due to the financial crisis and were unable to complete because of lack of finance, but after reading this forum on and off for several months i have come round to the opinion that an awful lot of the non completers are just using the lack of a clubhouse and hotel as an excuse. They thought they were going to make a quick and easy buck at Corvera and so put down their deposits, now they see that it was always going to be either a very long term investment indeed (10 -15 years or more) or maybe no real financial investment at all. As i said on another forum thread i bought at Corvera based on the floorplan, furnishing specifications in the contract itself and the location of the resort, i am now very happy with my purchase because i got pretty much what i expected, i have bought and sold in Spain before and i knew much of the stuff about a De Vere hotel was just hopeful speculative guff. Iain is right in saying that the non completers are not just letting Corvera Golf down they are letting the completers down too, i had every right as a completer to expect everyone else would complete too, it opens up the interesting prospect that down the track it could be Corvera Golf and the COMPLETED BUYERS suing the non completers, put that in your pipe and smoke it non completers !!!
This message was last edited by simongolf on 05/12/2010.
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HI,
We placed a deposit at Corvera so we could live the Spanish dream not make a quick buck,the reason we have not completed is we are concerned that due to lack of facilities & Calidonas financial situation we might lose even more than our deposit if we were to complete.
There is a massive clue to what we were expecting in the title.....CORVERA GOLF & COUNTRY CLUB !!!!!
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