transfers from alicante to guardamar

the date on my contract when i signed is  5th dec 2003. So the 36 months plus the 6 months brings it to june 2007 they are now out of contract with me.   I am wondering if it is worth keeping it or cancelling

sorry about the news you got jpd  its looking like you are stuck in this mess without a choice

Phil

My contract states 36 months from "the moment construction works begin" + 6 months

I thought it was reasonably well established that contruction started in April 2004 therefore earliest date that the developer would be in default would be October 2007.

To take any legal action earlier than October ie cancellation etc is risky as until then the developer has not technically/legally done anything wrong to break the contract and indeed to take action early might well result in the buyer being seen as breaking the contract and not only losing his right to a refund but also being sued for damages by the developer.

However if your lawyer however clearly advises to proceed now then presume its ok

bilcar

 

 

Hi bilcar

i have been on to laura again today and she is looking into my contract for mine is slightly different than most others on here i did not buy from palmera

she said she is going to email me tomoz    so i guess i will just wait and see what she says

when i was chatting to her today she said that the builders will proberbly start work in august maybe september so if they do start work then there is no way on this gods earth they will have finished for october   and what is bugging me its always another 2 weeks    but then a month goes bye you ring again and you get the same old story   no builders dont know when they are starting dont know when they will be finished    it could be another 2 years off    anyway enough of my moaning    i'll let you all know if and when i hear of anything

Hi All

 

I have been checking my contract and I know for a fact that I paid 3005 euros holding deposit on 16th APRIL 2004 and then I made a bank transfer for remainder on 13th MAY 2004.I also know fact that the building was under way before May 13th 2004 because I was stood on the car park at the side of road outside Amarion 111 when I visited site so for me May 13th + 3 years= May 13th 2007 + 6 Months= Nov 13th 2007 at the outside. Reading Contract it states that if this happens then builder is in default.

Under my Terms and Conditions in my Sales Agreement Section 5 reads as such:-

The SELLER (GRUPO URBASA) is hereby bound to complete the construction works of the building subject of this contract within 36 months, from the moment the construction works begin,except it is impossible due to force majeure, beyond the SELLERS(GRUPO URBASA) control,including construction industry strike. Should the construction works be delayed due to causes attributable to the SELLER(GRUPO URBASA),in more than SIX MONTHS of the foreseen execution date, the BUYER (ME) could consider this sale agreement RESCINDED.In that event,the SELLER(GRUPO URBASA) shall RETURN to the Buyer (ME) the amounts that I had paid to such date, as well as the corresponding INTERESTS, calculated on a simple ANNUAL RATE of 3.5%.

So from a personel point of view I will wait until 13th NOVEMBER 2007 before I take action .

Just as a matter of interest does anyone know the date that the builders commenced work?

 

harvey1

 

We were onsite at amarion 3 in August 2003 and work had started at the time of our visit.

 If the development had the Building Licence when worked commenced (big if) in the August 2003 then the entire building should have been completed by now, the thing to find out is when the building licence was granted to the developer because this is when their time starts from.

Regards

Martin & Debbie

Hi All

If Martin and Debbie where on site in August 2003 and work had commenced then GRUPO URBASA are in default from FEBRUARY 2007?

Any suggestions?

 

harvey1

This message was last edited by JPD on 7/5/2007.

What a mystery all this is regards when does the contract run out..makes you wonder if it was done intentionally.  We reserved via Spanish Property Guide office in Westcliff-on-Sea, Essex.  Within a year it was known as Palmera Properties, then shortly after that closed too and we had to use a Blackpool office for contact.  They were reluctant for us to balance the underground parking and storeroom payments, then when we insisted they allowed it, but said that the builder was liable to increase the payments for parking and storerooms, but as we'd paid in full they now had to honour our price at time of reservation.  We've written to the office in Benalmadena and the one in Alicante and have had no replies or to messages left on answerphone, everyone we ever had contact with has moved on and we are left in limbo.   Just have to wait and see what pans out, but it's hard to hold onto any positive thoughts. We can't see how they will want to sell them at prices contractually agreed so long ago, and fully expect some kind of opt out on the side of Urbasa.  Palmera don't seem as if they want to know about  this development any more, but WE DID PAY THEM AGENTS FEES included in the deposit monies.  What a shambles, our dream of a quiet life on the Costa Blanca has gone and we would like to get out of this nightmare..BUT HOW??? penthouse they sold, build it they have not.