Dona Julia El Patio Completion Date

Hi all,

I work for Parquesol, we have in Doña Julia our urbanization,Residencial Mirabella (in front the Hyatt), and i can tell you that the hotel its going to re start at january 2009. Its still managed by Hyatt, but the owners are the Qatar National Hotel Group. you can see the press release here.

http://qnhc.net/content/view/35/55/lang,en/

I hope it helps you.

Regards

Juan

Thank you very much for this information

regards

Stuart Burrell

Hi Stuart,

We are also owners of El Patio,we have only just found this website.Please let us know if you have any new info since your last post.We would like to join your forum.

George/Zelde Crowson

hi everyone and merry xmas

i have submitted the cancellation of my contract at el patio through maria de castro in algeciras and am just about to send throught the second set of legal fees to her!! this has just gone on far to long and we are now one year in delays. the credit crunch in property valuation and lower rental fees has not helped us either.

i went down to marbella and met the lawyers of spain team recently. i thought that they were a well respected company however on seeing their office at elviria i left thinking that they are badly run and in complete disaray!! i walked in to see hundreds of peoples files out all over the desks and floor (not even filed away or kept locked up - all this information is private but people could walk in off the street and start viewing your files). it did not look professional at all!!!

i asked a man on reception if i could speak to javier and he asked me if i had an appointment to which i said "no" and he told me to take a seat while he called him to see if he was free. next thing the same guy walks over to me and introduces himself as "javier". is this dodgy or what!! how strange!!! and supect!! we argued about me not having an appointment - he was very aggressive but not surprising as they are losing lots of business from people cancelling contracts.

i asked to see my personal file regarding property purchase and he told me that  he didnt have it at the elviria branch however i had rang the marbella branch in the morning and they had told me that all files are kept at elviria !!! he then got defensive and told me he would have a look for it if i went away for a 20minute coffee!! when i came back amongst hundreds of files he took me to a filing cabinet and amongst the el patio clients in there it was open at "southward" my surname ,and my file wasnt there therefore i couldnt have it and he didnt know where it was!!!???? so i ask you all does  this look suspect again - had he gone and hid it while i was on my coffee break?? in addition we are paying the lawyers of spain about £4000 each so you would expect a professional service and he tells me he doesnt know where my file is!!! an arguement then ensued and i left without my file and told him he had better find it by the end of the day.

on driving down to meet maria in algeciras javier then rung me and told me that it had been found at the marbella office as another lawyer had been looking at it with regard to litigation??? javier was supposedly my lawyer so why was another lawyer looking at it and if so why had i not been told??He then said it was being internationally couriered back to the elviria office and would be there in 30 minutes!!! likely story - more like it had been hid in the back room.

Having met maria and signed power of attorney to her i then drove all the way back to meet javier who let me see my file but would not let me take it away however i did get all necessary original paperwork including my bank guarantee and purchase contract.

you can all make your own minds up regarding lawyers of spain??? and i would suggest anyone thinking of cancelling to contact maria de castro immediately as you are commited to purchase once the LFO is issued whenever that may be !!

feel free to contact me anytime

best regards richard

Dear Richard777,

I dont have the pleasure of meeting you but would not mind clarifying the comments you have posted here, which can only be taken with a pinch of salt!

FIrstly, you mention that you drove back from your meeting with MC, with whom as you may know have an ongoing dispute originated in the interpretation of the rules of ethics governing the legal profession, with a specific message to post in EOS (it seems that you consider important the fact that you have sent legal fees to this lawyer, perhaps it is the message after all wherefrom you intend to benefit somehow).

Secondly you conveniently ommit the fact that we had a problem with damp at the back of the office for which the files had to be temporarily taken out of the cabinets, as any diligent and responsible firm would do. Is this a dodgy thing to you in your mind? Your disparaging comments seem to be full of bad intentions and again I can only suspect a dubious connection with this lawyer.

Thirdly you indicate that you were told that the files were going to be "internationally" couriered between offices, when the are 7 kilometers apart ??. You then go on to say that Javier was aggresive because he was losing a lot of business from contract cancellations, when Javier is an employee of the LOS and has in fact already been paid for the work!

For your information, Javier is a hard working professional lawyer who has had a very busy week cancelling contracts from existing clients, 8 from Larsol yesterday and is travelling to Madrid to collect another 10 checks on Tuesday, and meanwhile we are also working on El Patio de Doña Julia which is in a different situation altogether. How you dare despise the work of a lawyer just because what you are told is not what you want to listen? How you dare spread malicious rumours about a law firm just because you are all too keen to bring in legal fees for another lawyer?

Your frivolous yet offensive comments are improper of a serious client and so I can only say that I am too pleased that you have decided to move legal firms/lawyers, hoping also that your proselitism does not cause you irreparable discredit in EOS.

 Mr Flores,

I can confirm that Richard is not the only one of your clients who has received EXTREMELY poor service from Lawyers of Spain. Totally unprofessional firm....

Richard, please could you forward me details on how far you have got with Maria attempting to cancel the contract, as I would like to proceed also.

Thank you.

cxt32

If a client is not happy with LoS I have to accept it and look into why this happened. If a client is however not happy just because we do not tell them what they need or want to hear from us I cannot take any responsibility.

If another firm can successfully win a case against El Patio and we express our skepticism we are not being unprofessional but are just offering an opinion.

What we would certainly never do is embark a client in a legal adventure, led by us but fully paid by the client, with the likelihood of ending up horribly wrong.

In the case of El Patio the nomal scenario would be that a private purchase contract holder files against the developer and the insurance company holding the bank guarantee for contract termination and deposit refund. If at the right moment the developer decides to countersue because they have obtained the license of habitation and they win, which would mean that they would have won 3 courts cases in one, and the courts award costs, 3 sets of legal fees would be payable, plus that of the losing lawyer. On a 350.000 Euros contract we are looking at around 30.000 Euros, and the obligation to close the deal would remain intact.

We do not oppose litigation, we oppose reckless litigation.

By the way, tomorrow we will be executing 5 bank guarantees for Marina de Doña Julia (520 thousand Euros in total) in the offices of Asefa in Madrid (Insurance company), as the developer is in breach in these contracts.

Hi everyone,

We're new to the forum, what a great find! I've been reading the posts - very interesting, we also bought one of the penthouses in El Patio, when we visited it last year it was of extremely poor quality and not the spec we had been promised, very dissapointed.

It's been interesting to hear everyones thought and comments especially Richard and Stuart thanks for your hard work so far! 

If there are any updates please let us know as we are not getting any information through from our lawyers or the developers.

Looking forward to hearing some good news!

http://www.eyeonspain.com/Secure/articles/article.aspx?article=/publicity-contract.aspx

Let´s try to solve things as peace-way-ly as we can.

 Hello, just wondering if anyone has heard anything recently? Everything seems to have gone quiet...

Sorry I do not know what stage you are at. Have you employed Maria de Castro or another solicitor to cancel the contract and apply for the refund of your deposit plus interest ?

Is anyone making progress with your cancellation and refund? I have been told by LoS that refunds were refused as the developer has until June to get the certificate of Completion.

Is anyone making progress with your cancellation and refund? I have been told by LoS that refunds were refused as the developer has until June to get the certificate of Completion.

i am making some progess slow

i understand it from my lawyers its the date you signed the agreement thats important

i can be contacted on 07785 762475 next weeek if you want to chat it through, i am away this wk

mark

Dear Fellow Potential Purchasers

Just got a call from the developer's (EveMarina) bank, Caja Rural, who said that the LFO was granted on 1st May and that they were taking over the properties from the developer in 1 months time.

Have not had this confirmed by my Lawyers (LoS) yet but LoS did say they expected the LFO to be granted a few weeks back.

Caja Rural gave me the impression that getting a mortgage would not be a problem, but I don't think I'll complete at the original price as I believe I'd be going straight into negative equity, perhaps 40-50%? I imagine the developers bank might lend a buyer more than the market value as they have lent out the money anyway and its potentially just a change in debtor to them?

Has any one else heard if:

1. the developer has the LFO?

2. will the developer drop the price to the current market rate?

3. any one get their deposit back perhaps using Maria de Castro? I applied back in Feb 09, but was told ACC would not pay out as the developer had in the contract up to June 30th 2009 to obtain this.

4. how much has the Spanish market fallen in the last 3 yrs - some say maybe 50-60% for developments like Eve Marina.

5. is anyone else planning to complete - would not seem to be good idea to do so if very few others do as who then pays the community fees for the non-completed.

6. what about the rest of the site, new hotel etc - anyone been there recently to see the site of the general area?

Would appreciate anybody else's thoughts on the best way forward.

John

John,

LOS informed me last week that the FOL was received and that EveMarina would be looking to close. You can bet that they will look to close with all parties and, to some degree, I believe we are obliged to close. We can of course argue for a reduction in price based on the fact that the development is not as it was presented to us in brochures and is not complete (particularly hotel and shoppping area). However not sure we can argue the price based on where the market has gone (well we can - but it wont hold up in court).

While Caja Rural may give a mortgage I dont think the rates would be very attractive. I would saythe market has dropped about 30-40% max but you get different perspectives on this. Who knows??

As for Maria delCastro - I have no idea - perhaps someone else? It seems that what LOS were saying was correct - we could not get our deposit back until they exceeded the time allowed.

Management fees are a worry if a lot of buyers back out which is very likely. I am sure noone wants to complete. I guess we have to wait for the fomal notice to complete and deal with it individually then unless there are any other ideas?

Paddy22

Its now past June 30th when most of our purchase contracts had a cut off date. If the developer was not in a position to complete, amny of us thought that we could legitimately cancel the purchase contract and recover the deposit back from the developer or their bank.

Has anyone completed or even been given formal notification of completion from the developer, perhaps via their lawyer?

Has anyone been to the site recently to see if it is in a finished state, communal areas etc

John

I was just informed by LOS that they did receive a formal request to close on behalf of their clients. They simply did not inform me until I asked which is pretty annoying! They said the request only gave 2 days to close so they ignored it. However because it was issued they say its noptice to close and we are contractually obliged to close. Not sure I agree with that but I'mnot a lawyer.

Hello All, my mum stumbled across this forum and i see that lots if people are in the same boat as us. We also thought that come the beginning of July the developer was in breach of contract and we were entitled to our money back. Lawyers of Spain tell us that because the licenses have been granted the developer has fulfilled its contractual obligation and yet we have receievd nothing to tell us the apartments are complete! We are no longer able to secure a mortgage to complete even if we wanted to. I wondered if anyone had completed or plan to do so? LOS tell us that the developer could sue us and take what little assets we have in the UK which has terrified us! Is anyone else facing this prospect? Also, does anyone else get the feeling that LOS are on the developers side rather than ours? I wonder if there is someway we can all get together and do something - though not quite sure what. Rebecca

Hi Peer,

LOS appear to be doing a good job, and appear to be just informing us of what has been happening. Although they are a little slow, but i guess that's the Spanish way. Im yet to complete on my purchase as im a little concerned that other people wont be completing & thus their will be little to no maintenance done on the development. I doubt the developer could come for any of your funds here in the Uk as you would just lose your deposit. It would be nice to know of how many people will be completing purchase but id say most would of been investors thus may not be able to complete. I do still expect to complete but not before knowing what is 100% happening. If you here of any news you can call me on 07739384470 Cossy.