Just had a conference call with my Lawyer and he explained the current situation I have
listed below point that I think might be useful.
The developer has issued 20 or so refunds against the bank guarantee and this is no
longer an option.
The Bank guarantee can no longer be enforced as the apartments are now completed and
the value of the property now exceeds the deposit.
The lawyers for the administrator is not looking to pay any interest on the deposits received
if you wish to cancel your contract.
It is estimated it could take up to 4 to 6 months to get your deposit back.. (I'm not sure if this was
fact or fiction)
The reason the apartment hotel is written into the contract was to enable the developer to get
the building licence for Aureus, this enabled them to get the location close to the coast.
The management company has not yet been appointed to manage the development and they
are the ones who will be responsible for renting out the properties.
The developer will set the community fees for the 1st 12 months whilst the Community Members
are formed from the owners of the apartments.
The lawyers opinion is that no one from the Management Company will knock on your door asking for
the property to be rented as they want to stay on the side of the Community as they are responsible
for issuing the Management contract to them.
He also stated that he has never heard of anyone being force to rent there property under this Law
We can't get anything in writing from the developer stating that we do not wish to rent our property
as this will be in breach of the Spanish Law that is already written into our purchase contracts.
It is also anticipated that nothing will happen on the rental side for at least a year unless owners
who wish to rent from the outset for there properties to be rented by the Management company.
If owners are only looking at the property as an investment and rent it on the open market then I don't think this is an
issue that will have any effect on your future plans.
His final advice was to complete the purchase which is still estimated to be completed in February March 2007 and
then if you want sell the property upon completion, It's estimated that the value of the property is be greater than the
purchase price and then if you decide to sell the profits will be more that the interest we may receive.
I still am very annoyed with Ocean estates and there lack of professionalism in this whole situation.