Long term car rent, from 1 - 6 months?

HELP !!

On the advice of my "Solicitor" (who I don't think is one) in Spain I completed on the purchase of a lower apartment within the Eralia Greenhills development. I didn't want to complete but she stated it was complete or lose the deposit of about £80K. I feel that she was either negligent or was in cahoots with the developer.

 It would appear having read various threads that it wasn't necessary to complete until the first occupancy licence was in place, and that because the development wasn't completed to the original timetable I could have retrieved my deposit via the bank guarantee.

Does anybody have any advice ? or the details for a good solicitor with knowledge of the above? or is in a similar predicament?

Can a bank guarantee be invoked after purchase has taken place ?

Any help would be appreciated.

Cheers

Hi JDSOS - have sent  you a pm

JDSOS - have made some enquiries and apparently (and legally) once you have completed at the notary, your Bank Guarantee becomes null and void and all obligations of the BG are ended.

Therefore am afraid the bottom line is now you have completed, there is nothing you can do to try and obtain monies back - it is too late.

It has been stated many times on various forums that by law, you are not legally obliged to complete without a Licence of First Occupation (LFO) in place - others would do well to take this on board and to ignore 'pushy' lawyers and developers.  For them to say 'complete or lose your deposit' when there is no LFO is rubbish.

Cheers Mr c,

Replied to your private mail. Did you get it ?

Did as you said and set up a string on Spanishpropertyinsight. There have been responses but people seem to think I'm somebody else.

Cheers

I'm still trying reclaim my deposit having made a claim under the Bank Guarantee in July last year which was rejected by the Court even though no ILO has been issued.  I am going to Appeal but my Lawyer tells me that even though the development is illegal, if we lose the Appeal then I have to complete or lose my deposit. I was interested in Mr C's comment that this was not true. Could anyone suggest what next course of action would be open to me if the Appeal fails other than that suggested by my lawyer?

Thanks for any help offered.

Ken Archer

 

Good Evening Ken

Mr C is the perfect gent to advise you on this subject as I think I may or may not  be correct that he had a return of the deposit of the top phase which was not built.

However he has another on the bottom phase and is confident that he will get his deposit back due to the illegal build. etc..

I have a property on Green Hills and  nearly 2 years ago I posted that if cliients do not complete they will loose their deposit .

There was a case that  was won against the developer and to which they appealed and they will likely win .( I dont agree but thats the system)

Your bank guarantee is useless and even if you won a case against the devoloper your money would very likely not be returned.

As my legal advisor stated 2 years ago  1  Complete or loose your deposit

                                                                         2 Waste your money on legal fees

                                                                         3 Delay completion and pay the penalties

The developer is from all accounts in dire problems and supported by the banks as they are confident that the D day will come when its completion or they take it back.and why not they have their interests to look after not you or the developer. No ones going to come to the rescue.

The situation and the postings I have made following constant updates from my soliciitor(who has help and advised others on the forum) have never wavered despite constant objections  and ridicule.

You have an Illegal build  ?????? ( check this out as to the facts regarding this)  You have no L.F.O. (fact)

You have a developer that may very well go bankrupt.

Now ?   Mr ,C , with support  iinsists that you must never complete without the L.F.O which is correct  and I agree 100% with.

The advice then  from support then  is its better to loose your deposit than risk getting futher involved  by completing of this illegal build so if you can afford to do this then this is a consideration

Now ?   If not whats plan B.  Mr C?

Dan

P.S  Why not get the advice from Mr C and if he has the answers then fine,If not then I can p/m my soilicitor for a second opinion.

 

This message was last edited by Just Dan on 1/18/2008.

Dan

Thanks for taking the time to respond.

RE 'iIlegal build'. This is based on the words of my lawyer whp states that the build was on 'green areas' which I assume means is not permitted and therefore is not legally built (there must be legislation that says you can't build on 'green areas' as in the UK). 

I will not complete as the the apartment is worthless - noone will buy an 'illegal' build without ILO.

I was hoping Mr C would reply to my post to give details of his assertion that the deposit could b recoverable.

..Ken

 

Hi Ken.

If your lawyer is right,ask him or her what happens if it is illegal and they knock it down .

What happens when or if they get the licence.

What happens to your money if the developer goes belly up.

You have to do whats right for you and if you feel that the property is worthless then that is of course your opinion.

My opinion was that the deposit money was an amount I couldnt afford to loose and dont get me wrong if I could have had my money back I would have .

Its a case of damned if you do or damned if you dont and I really dont look to see which of is  right or wrong

None of us should ever have been put in a position that we are in

Best of luck and hopefully Mr C will be able to help.

 

Dan

This message was last edited by Just Dan on 1/18/2008.

 

There appears a deadly silence from some that have been quick to give the advice over the years on these developments

 

 

Dan

This message was last edited by Just Dan on 1/18/2008.

Dan and others

I have just heard from my solicitor that we have lost the court action against the bank for our deposit at Greenhills. He is also representing others but I do not know them. He is lodging an appeal but the decision was based on the fact that the development had been completed! No reference to it being illegal. Having just found this forum I am interested to know how many are in that same position and what is the best next move.

Regards Roger S  17/5/2008

 

Hi Rodger.

Perhaps I am not the one you need if you are looking to not complete on Green Hills as they advice I was given a couple of years back is the same as the courts have decided in your case ( However on another development close by the decision went the other way,(though under appeal)

There is an very active action group against this development and perhaps they may have cases of information that can help you.

What was the case made by the solicitors and were you looking to get your deposit back though the developers or through the bank guarantee.

One thing is for sure that this alonside dozens of other developments must be given a legally binding decision from the courts that they are legal or not as at the moment we are all loosers.

If they are Ilegal then demolish them and GIVE EVERYONE THEIR MONEY BACK .If they are legal then stop pi--ing about with our lives and clear this total sham out.

 

Dan

Dan

Many thanks for prompt reply. I have read a few of the other postings and can understand you may feel isolated on the advice you have given. I agree we all seem to be chasing the idea things can be put right. However my views on justice in Spain or any where else is that the chances are slim and involve throwing more money at it through solicitors.

Our action on Greenhills was against the bank guarantors of the development. We have another action going for the La Reserva II site where there is no bank involved.

My interest in linking up is based on the fact the banks/developers have the resources to pick individual investors/owners off. Pressure on the local government and authorities may be more fruitful if the reputation of the area for save investment is challenged.

I am also now very suspicious of the realty companies in this fiasco.

I have sunk my potential pension pot in these two failed developments and certainly will not complete only to have them declared illegal and demolished. I believe the corruption on the part of local officials is only part of the story. Poor planning laws and inefficiency have played their part. As such joined up effort to deal with it seems the only likely way to win.

I have read many articles in our English press and a few TV programmes on the subject as well. Surely that interest can be harnessed and directed with some effect.

I hope to hear from others now to help gauge the options we have.

Regards, Roger

 

 

Rodger

Seems we have much in common and you will be aware that a notable victory was won by a group  and an individual on La Reserva so perhaps all is not lost.

Two very respected posters finally received their deposits back from the banks from the top phase on Green Hills after a long and bitter fight even though it wasnt even built and understand that some are still fighting.(its that bad) Bank guarantees are proving rather useless.

The legal issues on Green Hills are was phase one and two were under one licence which was revoked and if so then rightly the second bottom phase is also illegal so if the law is the law it should be demolished.( then lets get it on)

Will they demolish them ?  I doupt it as someone would have their arses sued off them and alongside most of the developers the Marbella Council dont have the money.

Now personally I feel that you should then have re-course to pursue the government but that would be a challenge for any solicitor and you would need very deep pockets.

If they were seperate licences then I would assume they are legal-ish even though they have no habitation licence and there is no doupt that we all would wish total clarity so we can move on or in some cases not..

Somehow in the end,sadly it will not matter if planning had one or two licences and no points to prove other than to show a united front against the total sham of a legal  and more important the corrupt system that have cost us all so dearly in one way or another.

 

Wish you well with your case/cases and have my support whichever choices you make or are made for you

Dan

Does anybody have the address and or telephone number for the Marbella council ?

Going to try chasing up the license issue.

Cheers

JD

Sorry I dont have it but sure it must be on the net.

Hope you have deeeeeep pockets for the telephone bill
If I can help in anyway I am more than happy to do so and if you get any news then would be grateful but think you may find a very big queue.
There cant be a habitation licence without it being legal and reports to if they have it on the A.M rule do seem to vary as some say they dont and its an illegal build.
To be rather blunt on this one is that it is unlikely that it would be issued before the developer goes belly up so really its going to be time to consider writing the money off.
There is no chance you will get the deposit off the developer and the banks are flately refusing to honour any guarantees and trust me there are hundreds of other developments with far bigger problems.
Good luck in your efforts and suggest you avoid legal costs by contacting Tish who posts on the forum who is doing an excellent job in an active group involved in pursuit of action against this developer
Think she had a meeting a few weeks back and maybe be able to give you an up date,mined you like we all find that changes almost every week depending on what solicitor you speak to

Regards  Dan

Hi Dan,

Thanks for the prompt response.

I don't anticipate getting any monies back as I have already completed.

I just want to try and get some answers on:

When a license will be issued, if ever.

What are the chances of the site being demolished. Articles are saying 23,000 are at risk in Marbella.

If it is demolished would I still have to repay the mortgage ?

Cheers

JD

Hi JD
Welcome neighbour as I to have completed as I didnt fancy loosing the deposit and only time will tell if we have made the right choice.
Think you will find that its more like 50,000 in Marbella alone.
At the end of the day the Marbella Planning Council approved the plans by what ever means
The banks issued a mortgage.
Reality is the chances of it being knocked down is very very remote and should they decide to do that then its the Marbella Council that we sue.
Now they havent got any money and as its the government thats stepped in to stop the corrupt merry go round through no fault of ours then its the goverment we would have to go after and they know that very well.
At the end of the day I think the banks have more to worry about than us as it not been tested yet on a court case where they were neglegent in financing illegal builds.
This is the tip of a very very big iceburg and this development doesnt even come close to the nightmare many have though for some that do have nightmare problems with their purchase here have my total support.
At the end of the day its a bloody good development in I think the best area on the Costa del Sol and would have been even better if the top phase had been built
Price ? Incomparison O.K with developments around and only when the licences are issue and given time will we find the real value
There is one report that they are going to try to make us all pay for the licence and think that if they expect us to pay again for their corruption then it may get  very interesting
Thing is I have taught myself not to believe to many of the reports

Dan

approx how many have completed

 

Deleted

This message was last edited by Just Dan on 11/28/2008.

Hi

Now we have nothing but bad news relating to this development circulated by a small group in an attempt to get returns of deposits as some were investors and some where circumstances have changed.

Now  I feel its about time that people make their own minds up look at our own website .there is a photo gallery on santamariagreenhills.es

We have what is without doupt an excellent committee and the rules to protect the owner enjoyment of the development and long term investment are strictly adhered too

Our owners talk section is growing and everyone who lives or holidays at Green Hills love the place.

Look at almost all of the other  development threads with problems and its almost impossible to find another development with this overall satisfation rate,

Licences will be issued soon

The developers have no money to pay out on return of deposits. Court cases are going in favour of the developers and banks despite one recent decision where the developer appears to have lost the plot

In any event that fact is that deposit are still lost and should this in the unlikely event set a precidence the the developer will enter administration and the banks will be the owners of the  vacant apartments.Deposits will be lost.

 

 

Notes from A.G.M

 

 

All the Proprietors in Santa María Green Hills commented that they are happy with the apartments and were sure that many people with deposits would complete their

purchase if they were to see the complex themselves. The current Owners have had no regrets in

completing. The Development is in the new P.G.O.U awaiting for approval, which is positive news.

___________________________________________________________________________________________________

 

This is confirmation of what I have been saying for some while now and more and more are completing.

The report goes on to say that the only problem we have the shortage of funds towards the management fees however the development still retains an excellent standards.

The report confirms that the development is completed and only a few apartments in the last block remain unsold,

The important seperate report states Elvria is the Jewel in the crown of the Costa del Sol with the best beaches/climate and a higher class residential area.

With very limited building /permitts almost impossible to get this area set within cork trees, mountains best beaches on the Costas,within easy reach of Airports makes medium to long term investment an opportunity that many should consider.

When markets return as they surely will this area with limited occupation will be a real gem.

Now. Its about time the truth is promoted and many use there own eyes and ears from those on the ground.

Some will no doupt accuse me of protecting our interests. My reply to this is to let people decide for themselves.

Regards

Just Dan

This message was last edited by Just Dan on 1/19/2009.