medina elvira granada

Does anyone can recommend a solicitor.

Im trying to get my money back..Thank you

Just had email from our solicitors stating more or less the same standard letter we were given in  October 06 but withextended dates.  I quote as follows:

On the 1st of July 2005 you had signed a private contract to purchase a property in Arenal Duquesa Phase 1, which should have been transferred at the latest on 31st Octber 2006.

As the Developer has an extra 8 months from the completion date mentioned in the purchase contract to hand over the properties, you will have until the 30th of June this year to decide whether you wish to proceed with the purchase or cancel the contract.

Although the funds that you have already paid are protected with an insurance policy, the developer and the insurance company are cooperating between them and for that reason we consider that the chance that we have to be paid from the insurance company is very low, unless we take legal actions against them as well.

Thus, if you still wish to cancel your contract, you would have to be aware on the following:

1.  The next step would be to grant a power of attorney to allow us to act on your behalf in this matter.  You would have to pay the notary fees of this docment (about 200-300 GBP)

2.  Once we have the power of attorney, we would request (again) from the insurance company and the developer to proceed with the payment of the moneys that you have already paid plus interests.  We would also request to the developer to pay the 10% of the funds that have been already paid (as this is not recovered by the insurace policy).  Our fees for coordinating the power of attorney and the feese for requesting the payment from the devloper and the insurance company would be 500 euros + V.A.T, total 580 euros.  Our fees would have to be paid on instruction;  we will proceed accordingly once we have received these funds and your instructions in writing.

3.  95% of the cases, both, the developer and the insurance company would refuse to refund the money and pay the 10% compensation, as this is what they have already said for other clients. If this is still the case, after rrequesting them to proceed with the payment, next step would be to gake legal actions against both, the developer and the insurance company.  Our fees for representing you in the ligiation  process in first instance would be 2.000 euros + V.A.T (16%).  fIFY percent of our fees would have to be paid on instruction and 50% on sentence of first instance.  Also, you would have to make a provision of fund (800 euros) to cover the fees of the barrister.  The trial process could take about 1,5-2 years to have a sentence depending on the volume of work of the court.

4.  Although we consider that you would be entitled to cancel your contract in June and claim to the developer to pay you a compensation please be aware that we can not guarantee that you will win the case  (we consider tht you have a chance of 70%).  This is because we are used to se how judges write illogical sentences without any legal support, and this is something that can obviously happen to you.

5.  But even if you win the case, which would be the normal thing, the developer could appeal the sentence.  This would involve more time and more expenses for you.

6.  Although you can claim to the developer all the expenses invovled in the iltigation process, this is something that would be paid just incase that you win the case totally.  In case the court sentence in your favour just partially each party would be liable for their own expenses.

Because we have arranged a meeting with the promoter on the 24th of May 2007 to discuss the conditions of the agreement, we would kindly ask you to let us know your decision whether to progress the transaction or not as soon as possible in order to inform the developer to the above mention meeting.

Please read carefully the present email. Yrs sincerely.

Well again we are in the same position no further forward with regards to getting money back.  Who will be the first to cancel and take the risk? 

I would be interested to hear what other solicitors advise would be.

Karen

Karen I have to say that sounds like a typical case of the lawyer being in the developers pocket. There have been other far tougher cases revealed on this web site that have been won. The only thing is that it could take a while to recover the money. 

Alan

Although I am not a solicitor and you should take your own advice I really would caution taking legal action.  The law is an unpredictable thing in both England and Spain.  We purchased a property in England and our solicitor did not do the correct searches.  After we purchased we found that the Land Registry would not register our title to about 1/3rd of our land, including a major problem with our drive that could have meant our neighbour having a right of way across the front of our property.  This took 7 years to resolve during which time we could not sell our property.

Even though our solicitor admitted responsibility it took over a year to get compensation from his insurers.  It was a horrible time consuming fight and we had to risk £12,000.  In the end we settled for an amount lower than our original claim because we did not want it to drag on through the courts.  Believe me the legal system is stacked against you in the UK as well as Spain.  The insurance companies have the resources and knowledge to beat you into submission and constantly threaten you with tactics that mean that even if you win you may have to pay some or all of the costs.  In our case these costs would have easily reached £50,000 had we gone to court.

We do have a strong case for cancellation and compensation but you will really have to have a stomach for a fight and a few slepless nights.  My advice is that life is too short.  What have we really lost?  It is not simply a case of applying the contract.  You have to show a loss to have a case.  They would claim that prices have gone up so no loss, you should not have sold your house without checking with the developer first, etc. etc.  In the end the magnitude of the claim could be reduced by the court on the basis of their opinion of your actual loss.  If this was less than the claim then you would have to your costs and possibly even their costs.

I believe we should focus on getting the development finished to a good standard.  From what others have said phase one seems to have been completed to a standard better than expected.  I am sure Cajasur want to get things finished.  They are owed a huge amount of money.  Apartment prices have been fixed several years ago.  Build costs will have increased and the interest costs on the build to date will now be well over budget due to the delay.  To think that Cajasur would delay completion is actually rather silly.

What we have to watch out for is to make sure Cajasur do not try to save costs on finishing the development because of the delay.  I do not think a company of this size and reputation will do so but we should consider setting up the community groups for each phase to act as a combined voice to make sure they do complete to the standard as promised.  This should include areas outside the development such as roads, pavements, and 'green' areas.  If neccesary we could lobby the town hall to make sure this is done.

Lets be positive and get a lovely apartment.  Yes it is late but that is water under the bridge so we should focus on the future not the past.  Lets be proactive as a group and get the development finished.  It is better to work with Cajasur and Gerens rather than fighting them.

Sorry if this sounds like a lecture but I am talking from experience and I certainly would not go through it again, especially as I believe our case with this development is weaker than the one I recently 'won'.

We are in phase one - any volanteers for community chairperson?

Had another letter this morning from solicitors ELS who have offices in Spain and London making reference to our purchase to Phase 1 stating the developer has informed them that they are currently waiting for the Technical Engineers to inspect the properties and  they have contacted the architects involved with the project and requested an update.  And as previously stated on the forum a meeting has been arraged with Gerens on 24th May.  A update will be given after this.

So we all have to wait for the outcome on the 24th May.  My brother and his wife are over there end of May so if nothing resolved  they maybe able to find out more then.

Karen

We also have the sols  els. and have the same letter as quoted.  We are not going to cancel our contract as being in phase 1 feel that completion cannot be that far away.  Lets hope the meeting on Thursday gives us a more definate date for completion.  If my apartment was not phase 1 I'm not sure how I'd feel. 

Mysterious! My solicitor also told me she had a meeting on Thursday. Maybe it is with the newly formed company Cajasur rather than the constructiopn company Gerens. My solicitors are Martinez-Echevarria.

I am in phase 1 but was told by Paul Cox that the new company intended to have everything finished by the end of the year! Can't see that happening but he did say they are eager to see a return on their investment so maybe it won't be too long.

Alan

my solicitor is also Lexland - MArbella.  Sent an email yesterday but nothing back yet - will let you know if i hear anything later.  I am in block 1 phase 1 but i really think there is a lot of hopeful people out there who think they will get this sorted by then end of summer.  Lets be real as this aint gonna happen.

even if by some miracle they started finishing off the project tomorrow the pace at which they work (especially in the heat) you will be looking at Oct/Nov earliest and thats if the town hall then grant the FOL.

I don't wish to add doom & gloom but i'll eat my hat if anyone is in there apartment in 2007 !!

Hi All

I'm in block 6.  Contacted my solicitor but he is on holiday, he will return to the office today.  As soon as I hear anything will keep you all posted. 

Champagne and tapas at the golf club, how nice...but alas just a dream, just like the apartment!

Thanks to the people for advising me of their lawyers.  I have forwarded this to my solicitor who still confirms she does not know anything about the meeting. I am pleased to be updated by anyone with any further information. We are planning to live there and can not wait for the day to see the removal people arrive on site!!!

The meeting is with Gerens at my sols office, so maybe if other sols havent contacted Gerens with a view to a meet, they wont know about it!  My sol says she is going to discuss the progress on the development as well as obtianing the first occupation licence.  She asked me what I wanted to do as the contractual terms with the developer expire at the end of June, so we had a chance to pull out.  (Subsequent to that we received more mail showing the hoops we would have to jump through to get any money back.  Ultimately you would have to prove saddam had weapons of mass destruction!!) 

So I gave her a few questions which she is going to put to the developer.  When I have any response from my sols I will post these.  The bank want our monies, they will be keen to finish phase 1 to get this money in. 

Anyway, we will never get out of the airports this year with Spains new 'security measures'.  

 elena lopez of martinezechevarria is my lawyer and she has sent me an email today saying she has a meeting with the developers on thursday too.  i presume its all the one meeting then.  so i suppose we will all hear something around the same time.

she hopes to have an immediate update following the meeting.. fingers crossed everybody (and toes!)

suzanne

Hi Suzanne, Elena is also acting for me. Are you satisfied with the service?

Alan

just very quickly my Sol has come back and send that on June 30th i have to make a choice of what i want to do.  he has said we will only find out at that time whether they will ultimately pay out vs bank guarantees.  he re-iterated that if so many people make claims and they don't pay up that it will be very embarrasing for them and cuase huge negative exposure.

they need to sell phase 1 to make any money so all of you good folk whose solicitors have meetings with Gerens then please advise all and i am sure we can collectively do ths together

cheers

Pistol knight

I have just read through my sales contract. The delivery date for the property is 30th October 2006. However, under penalties for the developer section it states; In the case of Arenal Sur not delivering the property on the closing date the buyer may cancel the purchase contract and claim for the refund of the sums already paid plus 10% legal interest.

No mention of a time frame from the due date and 10% not the 4% that has been mentioned! In fact Paul Cox did say to me that the legal interest would be 10%

Alan

Elena Lopez also acting for us.  They rarely pick up the phone to us and inform of the situation regarding property, however in saying that any time we have requested information and pushed the issue they were very quick to return our calls and e-mails with alot of information and it seems that they are the ones pushing for the meeting with the Developers.

When we asked what the situation was regarding cancelling of the contract she told us it would involve a court case..Aint going down that road....However in her last e-mail she said she would be discussing compensation payments at this meeting tomorrow...

The most frustrating thing is our apartment is in Block 15 and we were told by Paul last Oct that it was finished ...we had mortgage all organised, this has now lasped so we have to stat that process again...

Hopefully outcome of meeting will put us all in good mood tomorrow and I can start packing the Bikini...and Bacardi...

Sandra