Complaints

Hi , Apologies again for the doom and gloom posts. 

Just found out from new solicitor that we have no bank guarantee.  Which isn't necessarily a problm if Aifos keep afloat.

But - I'm furious as our first abogado told us we had one...

So I may not win, and although it may cost a lot of money, I'm taking them to court. I want to get my money back.

I spoke to someone myself at Aifos the other day, allegedly the head of their european sales ops miguel moya, to be offered an alternative appartment in another build. This may suit some of you?  However, from reading the forums on these other sites we are not the only ones with problems, so I think I just want out.

Miguel told me it is not company policy to give refunds on delayed builds.   This sort of behaviour really wouldn't be accepted in the UK would it?

http://www.spanishpropertyinsight.com/forums/viewtopic.php?t=1053

Just found this. Point 5 is interesting and was certainly what I was led to believe before I signed.

I may have stated previously that I thought my lawyer was a nice man. Scratch that; he is more concerned about how my nuisance calls to him are going to affect his day than actually resolving my problems. I have come to the conclusion that he likes the nice shiny office but as for that lawyering stuff, please, leave him alone!

http://www.devwatch.com/events/show/1

Interesting. An English lady also sued Aifos successfully. They didn't build the apartment that she was supposed to get and offered her another which wasn't suitable and the court awarded her slightly more than double the amount that she had paid Aifos. I've been trawling the net trying to find the story (I saw it at work and didn't bookmark) but it'll turn up.

I spoke this morning with another lawyer who belongs to the lawfirm recommended by Devwatch.

Unfortunately, after two years the guarantee becomes out of date, for want of a better expression. When that happens the lawyer should then have another issued by the builder. This has been the law in Spain for forty years but many abogados don't bother getting replacement guarantees.

For that reason I have a problem, as mine is one of those who couldn't be bothered getting a replacement. 

http://www.devwatch.com/events/show/84

Link for story of woman who successfully sued Aifos.

Hi we are about to commence legal proceedings against aifos through a firm recommended on this site Marbella Solicitors.

We are sending the provisional funds for this €1500 this weekend but hte final bill will be much higher than this.. So if anyone is interested in joining forces please let us know.

The legal fees will be paid by aifos if we successfully win our case against them.

Hi

As I have not translated our entire contract as yet and until such time as I can I rely on my lawyer to confirm parts of the contract that are necessary at the time ie to confirm we have the bankers guarantee that we asked for, what I am trying to say here is YOU need to be sure you have a case against Aifos and they are in breach of their contract.

Under Spanish law, all purchasers of off-plan properties have to be protected by a bank guarantee. I suppose that is why we hire lawyers; they are experts in the law and should ensure that everything necessary under law is carried out correctly. I would think that it is irrelevant whether or not the buyer asked for a bank guarantee at the time of purchase as it is the duty of the builder to supply one, and if it is not present then the lawyer should ensure that it is, prior to exchange of contracts.

I spoke to a lawyer at Lawbird and he was in no doubt about what the requirements are under Spanish law and about who should have enacted what. As purchasers, we depend on the lawyers that are looking after our affairs to ensure that everything is 100%, before we commit.

Quite frankly, up to this point I could have made the same cows backside of a purchase agreement that I have at the moment, except that I would not have charged myself the thick end of £1500 to do it!

We only had an english copy of someone else's contract. And in that there is a paragraph referring to the clause of spanish law that means we should have a bank guarantee. 

Frustratingly I found my handwritten notes of our meeting with our Abogada when we agreed to sign the contract. One of the questions. Do we get a Bank guarantee?  Answer yes.  But as we now learn we do not!

We are going to report our first abogado to the governing body of lawyers in Spain not that we expect it will do much. Clearly neither he or Aifos have acted legally.

Rob/H you might find this interesting - In the contract Aifos apparently commit to having the build complete 24 months after the architect signs off the plans. It is on this basis that our new solicitor believes we can go after aifos for breach of contract. As the build itself commenced well over 2 years ago and is unlikely to be built until the end of 2008.  There is obviously a risk we will not be successful...but hey we took a risk once before on a safe bet off plan purchase so what the heck!  :0)