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Happy New Year to you all!

We, too, are in agreement that if we do not complete until we are satisfied all areas of work are completed to a satisfactory standard, then the builder will have no alternative but to finish the complex as agreed.  We seem to remember being told early on in our purchase that the builders had changed the paint they were using due to the problems being experienced in the other complex - perhaps someone forgot to mention this to the builders!

With regard to Marina Rey - we asked the question as to what this was to be, because we were told by our agents that a great Marina was due to be developed in the area which would greatly enhance the area and property prices.  This Marina was 'Little Venice'.  We have made numerous enquiries about Little Venice, the developers being the same as Desert Springs who are based in Villaricos.  We met with these developers, and a representative informed us over 12 months ago, that the project had been shelved due to planning permission not being granted.  We have not heard anything else to the contrary on this matter. 

We have been in touch with our solicitor today, who mentioned that she had been in contact with the builder regarding the Certificate of Habitation.  He informed her that all paperwork is in order but that there is a dispute between builders and the department responsible for the certificates, and this is causing the delays.  She advised us to give it until the end of March before we could request full refund of money due to the builder not fulfilling their side of the contract. 

Best wishes,

Sharon

With regards to solicitors we were told that we had to leave it until at least 2 months after the contract had expired. Then if we are still not satisfied and wanted out, we would probably have to take the builder to court. We regards to the Habitation License we are still being told January? Is there anybody who has signed that can comment on this matter?

Can anybody tell me if the complex has been painted yet?

Hi All

We have had guests staying in our apartment last week.  They say the apartments have not yet been repainted.  We were told by the builders some time ago that this will not be done until all the apartments have been sold. The area is particularly dusty at the moment as someone who has bought two one-bedroomed apartments at the bottom of the complex are currently knocking them into one large apartment, ripping out the bathroom, kitchen etc!

I don't think there has been much progress on any of the issues raised on this site but would be more than happy to be corrected...

Hi

We are waiting to complete on the Jardines de Palomares, and have been informed by Jose that they do intend to repaint the whole complex once they had completed the repair brick-work around the complex. 

We find it very hard to believe that if they intend to repaint, they will wait until they have all been purchased - I am sure if this was the case, then it will be the owners of the apartments who will bear the cost of this.

We certainly won't be completing on our apartment (as much as we very much want to) until such time all the repair work around the complex is finished and the repainting has been completed.  When all this is done, all we will need then is the habitation licence!

We have a feeling we will be in for a long wait.

I

We have just been told by our neighbour (who is a resident on the complex) that all repairs to the walls, cracks, etc seem to have been completed.  He has been told by the builders that they are going to start repainting the complex this Thursday, 28th June.
We will keep you posted!

To our knowledge there is about 15 or so that have exchanged contracts.  I am aware that others have been offered this as we have also, but none are taking the builders up on their offer.

We are still awaiting a copy of the bank guarantee and have been informed this should be with us in the next couple of weeks (although they do move the goal posts when their given time limit expires!).

We do feel we are in for a very long wait whichever option is chosen - either to sit it out and wait for the licence to be granted; complete with the possibility of the licence being revoked; or withdraw now and request full refund.  It does seem as though we are in a no win situation.  The only other alternative is to withdraw and pay a penalty fee (25%). 

Is anyone due to go out to Spain in the next few months, we are inclined to visit, although see it has a pointless exercise.  Individualy trying to sort this out doesn't help.  We appear to be difficult and demanding whilst (we are told) everyone else is happy and completing!

We would not be prepared to sign until such time the licence is in place.  This could take years!

In fact, we are of the mind to call it a day, we have it in wriiting that a bank guarantee is there so we feel little point in pursuing the purchase any furhter, as promises are often not met, the reality is even the builders have no idea when this can all be sorted out.  Our money has been tied up far too long with loss of interest.  We agreed to purchase this property even before building work began - over 3 years ago, and never once were we informed that the licences were not in place - they all knew this informtion! Our completion date was given as September 2006 and it was not until early 2007 were we made aware of the reason for the delay, and this was by chance - not by the builder or our agent.

We have just had another call from the builder, again trying to persuade us to sign up with the guarantee and offering a E6k discount.  No coincidence that our solicitor served papers asking for a full refund plus x% under the bank guarantee and for failure to complete within 6 months of the contrato de compravente (date for us was 15 Oct 06).

Casa residential told us that 80% had signed, which means 14-15 have not.  Maybe something was lost in translation but it appears to be the other way around perhaps.  If they get the habitacion through quickly we will complete but I have no idea what the timescale is on the refund process so I guess it is whatever happens first.

Soooooo frustrating!

Hi

Does anyone know if the builder has started painting the development?

Jill

Yes. The painting started on Thursday 29th June. Guests renting our apartment at the time said they seemed to be painting all areas and making good progress.   All cracks have also been sorted.

Hopefully they have finished by now.  I will confirm next week.

HI

Just returned from Spain last night, they have almost painted the apartments but the

outside wall has not been started yet. 

It looks much better already,  especially with the plants developing!

Unfortunately my husband has been made redundant, so we are now planning to move to Spain.

Our soliciotor has now informed us there is no Bank Guaranrtee on it.

So we have therefore decided to withdraw from buying on this development.

I hope it all works out well for all the remaining buyers

Bye

J

Does anyone know if the problem with the licences is for the whole of Palomares or just our build?

Our solicitor has now told us they do not know when the licences will come through,

 In August when we asked they said after the elections then they said after August and as I told them we have lost patience with the whole process and do not know now whether to pull out or not.

Has anyone actually completed and live on the site at the moment?

We are coming to Spain on the 29th and would like to have a look at the site, but do not want to speak to the builder before we have been to see the solicitor to discuss our options.

Regards

BCK

We are going to London to sign an affadavit at the Spanish Consulate's Notary giving permission for our solicitor to pursue Casa Residential/Aride Sur through the Spanish Courts.  The developer offered us our money back, plus 25% and direct expenses via our solicitor, but at a 'date after 31 December 2007'.  We counter offered for a full refund of just the monies already paid but with immediate settlement and the message back was that 'they were not in a position to make a refund at this time'.  Our solicitor advised us to pursue them through formal channels.  Other buyers have been offered stage payment refunds at dates in the future, some with compensation and expenses, others without.

It is a right mess, and I think worth setting up another forum just for settlement so that we can all liaise on our different offers.  Has anyone who purchased on Jardines de Palomares actually managed to get a refund yet???

Hi

After a few months of diffculties of posting messages, we are thankfully able now to keep in touch!

Well 15 November has come and gone, with the promise of our first payment towards the resolution of our contract.  Unfortunately no payment was made and it is likely that it won't be either!

We, too, are now looking to follow the path of the Websters to try and salvage what we can of our deposit from the builder. 

If anyone has as any update re the property or the builder, or if anyone has been fortunate enough to retrieve some monies back, we will be delighted to hear from you.  Best wishes,

Sharon