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06 Jun 2007 12:00 AM by swaro3 Star rating. 24 forum posts Send private message

Copies of docs from my Agent:

PLEASE NOTE THAT THIS IS A TRANSLATION WITH NO LEGAL RESPONSIBILITIES.
 
 
 
FORUM ABOGADOS
D. FRANCISCO JIMENEZ BERMUDEZ
AV RICARDO SORIANO 72, PORTAL C, 2º H
MARBELLA, MALAGA
REF: APARTMENTS LA HACIENDA DEL SEÑORIO DE CIFUENTES:
 
Dear Sir,
 
Hereby, on behalf of DREAM HILL SL and regarding the private purchase contract of Hacienda del Señorio de Cifuentes that belongs to the above mentioned clients.
 
In several occasions we have informed you of the final building work and we have requested to sign the purchase deed (by burofax December 2006), but we have not received any confirmation from the buyers. This delay is causing important problems to the developers.
 
As consequence, and under the fourth and twelfth stipulation of the private contracts, I request you that either the 14th of June 2007 or the 21st of June 2007 at 11.00 am, you or your legal representative appear in the Public Notary Mr Juan Miguel Motos Guirao, Marbella, C/ Ricardo Soriano 19, Edificio Alfil, 6th Floor, in order to complete the properties and sign the title deed. Please do bring the bank guarantees with the private contract.
 
I remind you that, under the sixth clause in the private contract, the buyer must pay 1.200€ as community of proprietors fees (cheque to Comunidad de Proprietarios La Hacienda del Señorio de Cifuentes)
 
I inform you that the development has the first occupancy license.
 
On completion day we will hand over the water and electricity certificate to contract the utilities services.
 
I remind you that you could subrogate the mortgage with Banco Popular. This bank has confirmed that they could offer up to 80% and two years only interests, always depending on the client’s financial situation. Please do contact Banco de Andalucia, Marbella, tel 00 34 952 77 34 00.
 
Finally, as agreed in the fourth stipulation of the private purchase contract, the non-appearance from the buyer to the Notary will give the right to Dream Hill Sl to either cancel the contract (the buyer will lose 50% of the monies paid plus will compensate the vendor of any costs generated for the property) or to obliged the buyer to fulfil the purchase and also compensate the vendor for loses and damages.
 
Looking forward to hearing from you.
 
 
Yours sincerely,
 
Victor Sanchez Sanchez

Dream Hill

 

From Eralia web:

 Dear customer,
 
We would like to inform you that we have recently sold our shares in the following companies:
 
Los Lagos de Santa María Golf, S.L.
(Development: Los Lagos de Santa María Golf)
 
Marbella Vista Golf, S.L.
(Development: Santa María Green Hills)
 
Dream Hill, S.L.
(Development: La Hacienda del Señorío de Cifuentes)
 
Currently the main owner of the mentioned companies is Mr. Eustaquio Moleón, who was the majority shareholder of those projects.
 
As from the 1st of June 2007 Grupo Eralia, S.L. will no longer be in charge of the Marketing & Sales of the above mentioned urbanizations, nor will Eralia arrange the title deeds, manage customers services or aftersales with regard to these developments.
 
To avoid possible inconveniences for the purchasers, Empresas Moleón has agreed that the former Eralia staff in charge of these tasks will now be at your disposal working for Arquigest (management company for Empresas Moleón). Should you need to contact them, their new office will be in Block 17 (ground floor) at La Hacienda del Señorío de Cifuentes (Benahavís) and their details are as follows:
 
CONTACT PERSONS:
Mr. Fran Vega - Ms. Ana García - Mr. Carlos Padilla
T +34 952 769207
F +34 952 769208
 
Mr. Víctor Sánchez, the solicitor for the Moleón Companies, is located in Granada (headoffice):
 
ARQUIGEST 2003, S.L.
Mr. Víctor Sánchez
C/ Luis Braille 5, 1ºB
18005 Granada
T +34 958 215644
 
Lastly, we would like to thank you for your trust in us and hope that the relationship with our company has been acceptable. Should you feel that we made any fault in the past, we would like to take the opportunity to apologize for it.
 
Yours sincerely,
 
Leonardo Cromstedt
Managing Director
GRUPO ERALIA, S.L.



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09 Jun 2007 5:45 PM by Ventuna Star rating in Surrey. 14 forum posts Send private message

We just got back from 3 days looking at the development (which looks stunning, by the way). Our lawyer received the same letter and is absolutely livid, especially about the 'threatening' tone of voice! I now know some Spanish swearwords! He has been trying to communicate with  Victor Sanchez, Dream Hill's lawyer, since March and the guy is just not available. He doesn't answer e-mails, his phones are switched off etc. Our solicitor was told on June 1st that they want to complete on the 14th which is not much notice. Given that completion is nine months late, it's a bit rich! IOur lawyer thinks that Victor is trying to cover his backside in case the developers ask questions. It seems that he is the only one (plus an assistant) who runs the office and is completely overworked. I guess you or your lawyer will have to react to the letter, if you havent fixed a completion date already. It seems that people complete in July, so the dates he is giving are not set in stone. Get your lawyers involved and cross fingers that they get hold of the elusive VIctor!

 



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