novo arcos - arcos de la frontera

I am interested to hear from anyone who has/is purchasing a property on this development - in particular if they are buying through Sunset Estates based in Sotgrande.

Which phase are you buying in? We put a deposit down on a 3 bed townhouse last summer, and have since paid our 30% deposit and are running into a few problems with sunset estates re:location/disapperance of  a swimming pools!!!!! Last year we were told that behind our townhouse an playground and pool were to be located, then on a visit to the development before christmas we were told that the playground/pool area was now a one storey building housing shops and that the playground was to be relocated down to the next block in behind phase 3 townhouses!!!!!!!  Today we were told by a relative also purchasing there who happens to be visiting there  is that this one storey building has turned into a four storey building with shops on the ground floor and three storeys of apartments/penthouses above which will be over looking our townhouse, completely eliminating our privacy. Before christmas we got an opportunity to go into one of the townhouses at the entrance of the complex which was very much near completion and today our relative couldn't even get near one of the units, even though they were accompained by a sunset estate member of staff!!!!!!!!!!!!!! We were told before christmas that all phases were sold out, are you in phase three or buying a cancelled purchase?? We were also told that there would be a commercial unit with a sports centre included, i doubt if the sports facility will ever materialise seen as open areas have now been swapped for more apartments/penthouses, this will make the complex seem very built up and very similar to a concrete jungle. Completion dates aswell seem to be very vague, we were told may 2007 and sunset estates won't give us any indication of a date.

Hi, Im buying here to. I think if you have a lawyer, get them to contact the builders lawyer to get questions answered, it seems the only way to me. There is a "Romanber" office in the town and there is a plan of what the development should look like. Im not happy about the pool either its quite a way away now. Ive just had to get my lawyer to sort out visiting for me, as I have been there 3 times and couldn't get in. I have just learned too that I have to tile my own basement, so this is the next job for my lawyer!

Carol

carolann_stone@hotmail.com

 

Hi folks I've just found this site & am too buying in Novo Arcos.I have found Sunset Estates ok thus far.I've not yet paid the full deposit so would be keen to hear if there are likely to be problems.The solicitor seems fine but I was introduced by the agent to him.Any advice gratfully received!!!

Hi. I am buying one of the apartments and only found out at the paying of the 30% stage that I would have to pay for the car parking space and storage area on top of the already agreed price. It will be an extra 7000 euros - but previously we had been told (verbally only) that this would be included in the published price. The private contract contained a few errors and ommissions which my lwayer sorted out. I would recommend an independent lawyer - especially if you can't read legal spanish yourself. Other than that, I am looking forward to completion as I think Arcos is a lovely town.

Hi - I am purchasing an apartment on phase II Novo Arcos -  the experience has been a complete disaster with SUNSET ESTATES.  When I agreed to buy the apartment I signed a reservation agreement.  I was told  by Tim and Peter from Sunset Estates that I would be purchasing direct from the developer, Romanber and that the price included a garage and storage.  I was guided on several occassions to use their recommended lawyer Luis Mendez.   Fortunately ,  I decided against this and instead employed a Lawyer based in Spain, with offices in the UK and regulated by The Law Society in England. 

My Lawyer was sent the paperwork from Sunset Estates Lawyer, who suprise suprise was Luis Mendez!  She discovered that I was not buying from the developer, but in fact the seller was Sunset Estates.  (my Lawyer has since discovered that sunset estates bought multiple properties from the developer)  The problem with this is that I will now be liable to pay the second transmission tax when I purchase the apartment from Sunset Estates.  In addition to this we were later informed that the price was going up by 7,000 euros as the garage and storage was no longer included!  In total we were now looking at an inflated price of around 14,000 euros.  At this point we made the decision to continue with the purchase regardless, with the view that the increase in capital growth outweighed this additional expense, although we were of course now very unhappy with the underhand dealings of sunset estates. 

The problem did not end there, Sunset Estates knew that we intended to take things further at a later date and now point blank refused to sell the apartment to me.  My Lawyer attempted to make contact with Luis Mendez in order to complete the Private Contract and hand over our full deposit money.  Luis Mendez would now not take any calls from my Lawyer and did not return any of her calls, neither did he reply to her e mails or letters.  Finally after weeks of this,  Luis Mendez did call her, to say that he no longer worked for Sunset Estates (I suspect that this is not true).  She then contacted Sunset Estates direct and members of the staff said they could not deal with the problem and that she would need to speak to Tim.  Of course, Tim never got in touch and now she has responded with a Formal Document which in Spain you have 15 days in which to respond and the matter is then referred to the court.  The 15 days has expired and my Lawyer has now initiated legal proceedings!!!

This is a huge dissapointment as we were hoping to purchase without complication and looking forward to making use of the apartment in a beautiful part of Spain.  It seems that we are not alone in our experience and no doubt there are plenty of others in a similar situation.  It may be worth us getting together on this issue and see if we can collectively take action.  I believe that Sunset Estates thought  it  risky to sell to a dissatisfied customer and in refusing to sell, the problem would just go away.  How foolish!!!! My Lawyer is extremely confident that the court will resolve the matter in our favour and Sunset Estates will pick up my legal tab.  It would seem that we need to be more wary of British Real Estate Agents operating in Spain. 

Please feel free to contact me if you require any further info - or if you have any useful info

Thanks, Louisa.

 

 

 

 

 

Hi

We are flying out to Jerez soon to look at the apartments in Novo Arcos and we are rather concerned at the negative comments re Sunset Estates. I have had it confirmed that Sunset have bought the whole development from the developer and so the seller is Sunset and not Romanber.

Can anyone confirm the best way of going about the early stages of the buying process please? As we are inclined to use a solicitor on the approved British Embassy list and certainly not one of Sunset's suggestions, can anyone guide us. DE LA ROSA & ASOCIADOS have advised that we contact them prior to handing over any reservation fee, let alone before any deposit of 30%. One thing that has impressed us so far is the speedy replies we have had from

One thing that doesn't seem to add up already is that the reservation fee is non-refundable and is set at 5,000 euros, a figure which has been stipulated by the developer, and yet its Sunset who has bought the the whole development lock, stock & barrel, so how come the developer still has a say at the level of reservation fee?? It also explains why Novo Arcos is only being sold by Sunset and not other agents, which was another point we thought strange at the start.

Have people hired solicitors prior to even going out there? We are not going to be signing anything whilst out there but do not want to miss out on any particular apartment we might like.

Chris

Hi Chris,

I would recomend that you consider using the solicitor who is acting on my behalf - she is obviously very familiar with the development and has been excellent.  As I explained the company she works for have offices in the UK and they are regulated by the Law Society.

Her name is  Patricia Romero Tabeayo - European Legal Solutions.  Tel 0034 952 66 36 38 e mail patricia@elslegal.com

 

Louisa,

                    With reference you your earlier post dated 24th.April, I have to say I am somewhat suprised at the comments you make in relation to Sunset Estates as I have had no problem with them at all. I am purchasing apartments in both Phases 1 and 2, have have dealt mainly with Tim Davis whom you make reference to. He made it quite clear to me that the price for both apartments did not include parking or storage space for which I was happy to pay extra, so I am suprised if he told you anything different. In fact I found them to be extremely professional and courteous and have no hesitation in recommending them to people. In fact I will be back out in Spain in a few weeks time with a couple of friends who are looking to buy on this development. I appreciate you can't please all of the people all of the time, and obviously you feel aggrieved in your dealings with Sunset Estates but to be honest I can't see what your problem is. They have offered you your deposit back and you are still not satisfied ,and feel there is some sort of conspiracy when you say -" I believe that Sunset Estates thought  it  risky to sell to a dissatisfied customer and in refusing to sell, the problem would just go away.  How foolish!!!! . With all due respect, it is you who are foolish if you think there is some ulterior motive in Sunset Estates offering your deposit back. I agree with you about the lawyer though ,and would recommend anyone to get an independent Spanish lawyer, there are plenty of decent ones about. I can recommend several.

 

Best wishes

Micheal

                    

Hi Michael,

I am glad to hear that everything has gone well for you in your purchases.  Hopefully you will  soon be able to enjoy the use/investment of your apartments.

Personally I feel that it would have been foolish of me to accept the deposit back, since the development has apparently increased in value by around 20% and the fact that I love the area of Arcos and see the long term financial reward.   The point also, is that I had agreed to pay the additional monies for the garage and storage, and still sunset estates refused to sell, hence why I am taking them to court. 

I have a worldwide property portfolio and have never been in a situation like this before.  Like you I find it all very strange, all I can do now is continue with the litigation and let my lawyer get on with things. 

By the way, I hope you will be able to claim 5% commission if your friends buy - as this is what Tim offered me!

All the very best,

Louisa.

 

 

 

Louisa,

                    Many thanks for the tip. I certainly will speak to Tim when I see him.

Best wishes

Micheal

Have now come back from Jerez and Novo Arcos and very impressed we were too.

I do think its misleading for Sunset Estates to continue to state on its website that 2 bedroom apartments from £89,000 are available, when Tim freely admitted to us whilst we were there that these have long been sold and that the starting price is nearer £120,000 for the 2 bed apartments. I daresay that the same misleading info is the case for the 3 bed apartments and townhouses prices quoted on the website.

As websites are in effect real time advertising boards, they should be updated on a regular basis to reflect the true current situation.

Also it would be good to know at least a bit more firm info re swimming pool size, distance between the apartment tranches  but apparently this info is difficult to gain from the architect/developer, with possible lawsuits etc. Apparently there will be commercial units at the rear of the apartments, again which may be an issue for some.

So those points aside, we are happy and are looking to proceed as soon as our solicitor checks all is OK legally,

This message was last edited by davemurphy40705 on 5/30/2007.