Where are the deeds?

Hi all,

Just wondering if anybody has tried for any compensation from Masa due to the late development of the property.Maybe they could pay for the water/electricity connections or offer some other kind of compensation.As a group we could send a letter to there head office or do it through a lawyer,I am sure that we are entitled to some form of compensation.Has anybody else any thoughts on this.

Cheers,

Denny  

Hi Denny,

I totally agree, however we would have to be a group united, if other don't  want to do it then Iwould have thought it was "a no win"

They know exactly what they can do and it seems to me we havn't got a leg to stand on unless we all stand together.

I am as fed up as everyone else, I wish now I had never got involved with the project.

Are any other owners willing to fight though? You can see from other site what happens - nothing, even when it's written into the contract. Have you got a contract with a completion date or a compensation clause? I know I havn't!!!

Sue

Hi both

I have contacted Mario de Castro through EOS regarding this.  Tomorrow I am faxing my contract and the English translation to her.  Maria is going to see if we do have a case.  My contract was signed on the 6th May at Masa's ofice in Alicante.  It says (I think !!)   that the sale contract shall be formalised (completed??) no later than December 2005.  If not done so by then, for reasons of the buyer, the deposit paid is forfeit.  If  not completed for reasons of the contractor, the amount 'in question' ??? shall be returned plus interest on the capital paid , under articles 1.279 and 1280 of Civil Law.

It's not clear cut, and individual contracts vary depending on agents and the arrangements agreed.  The deposit in my contract is split in 3 payments.  The contract stipulates that all 3 payments were to be made by 1 January 2005.   The first 2 were paid on time , as requested, but no request was ever made for the 3rd payment.  My agent advised not to worry as Masa would ask for it when they wanted it, but at that time no work had started on the site and they were way behind schedule.  He advised me to sit back and wait for the payment to be requested.  I did.  But now this action has implications under the contract that Masa can use against me, as the third payment was not made. 

My solicitor in Torrevieja does not give me advice-  just keeps asking the same question - do you want to sue them through the court to get your money back or not.  Very helpful.

It seems there is no way out, but I'm hoping Maria will be able to say if there is a potential case.  I'll post her reply here if it helps anyone.

Jane

Hi all,

We are in the same position as Jane, we originally purchased back in May 2004 and made our first two payments on time but because of the lack of any progress on the site we were unhappy to pay any more. On the advise of our agent we also delayed our third payment and have not been chased for it by Masa.

However we were so disappointed by the lack of progress when we visited in January we decided to cancel the contract on the grounds of late completion. Our contract stated that completion should be no later that 3rd Trimester 2005. We contacted a solicitor to act on our behalf but Masa response was that as we had not made our third stage payment it was us that was in breech of contract and not them!!

We would be happy to join in any group action however it seems that Masa are a law unto themselves and will twist all the facts to their benefit.

Paul

Hi All,

We too first signed contract in 2004, we then made two payments which we were asked for, we then recieved a letter from MASA saying their would be a 12month delay this was in nov 05 in the letter they gave us the option of a refund plus interest or wait the extra 12mths. i then looked at the selling price at that time and because it had increased quite considerably I decided to wait. Since then they contacted us in Feb offering mortgage facilities and saying they would be contacting us soon to arrange to handover the keys. As regards the final payment we understand that it is to be made on handover, this last piece of info was provided by our agents QSD in Quesada. I hope this is of some help to you.

Cheers Ray & Carol ( Eagle 14-14)

Hi gang,

Not sure whether this string is about compensation or refunds.

Refunds are a different matter, and despite the elongated handover techniques apparently being used by GrupoMasa,  the facts are that, if refunds were ever to be agreed to by them, they would be the original figure paid, and anyone receiving this would lose out on the price increase since then, which in our case, is around 46,000  euros or £31k on our first property. Quite honestly, for an outlay of less than £70k over a period of 3 years and a bit (we hope), a return of £31k is worth the wait, no matter how annoying or upsetting it is - hang on in guys, it must be soon, and I'm sure you will get a sale if that is what you want, with this sort of margin to play with.

In the case of compensation, I agree with Denny, compensation for the delay is what we should be looking for, and anyone wishing to pursue this matter would get my full backing, as I'm sure if everyone did this, we would possibly get something, don't forget, the Solar Panels were never part of the contract, but they came free.

Regards

John B.

Compensation mmmmmmmmmmm - you´ll be lucky.

I live on Camposol (another MASA development) & most of the houses were 2, 3 & even 4 years late & as far as I´m aware no one recived any compensation. Unfortunatly that is the reality.......

I try to look on the delay as a positive thing - MASA are being made to get things right on this developemnt by the local council rather than just hand out keys while roads are still unmade, street lights are not on, no post service etc. I do really think it´s for the best.

Please don´t think I´m being negative about the idea of a group demand for compo & I do understand the frustration, but MASA doesn´t listen to individuals or groups - maybe they do listen to the local council though ?.

Re. the solar panel comment by the gentleman below, but my understanding is, that it was again the council making sure MASA get it right.