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Hi,

 

I've bought an apartment in the Phase 1. I've just been informed by my lawyer that Arenal are still waiting for the licence of first occupation. The technical inspection still has not been made due to the fact that the road has not been completed. Arenal have no idea when this will be done. Therefore the promoter offers to cancel the contract and refund amonts paid up to date.

 

I, however, have conflicting information that the technical inspection has been made. I've also read there is a problem with a burst water pipe. I would be grateful to receive any other information. Has anyone else received similar news from their lawyer (I don't trust mine!).

Hi Vittel

 I have contacted my solicitor today, as I am sure so have the rest of the forum members.  I have instructed my solicitor to demand a response concerning the latest reporting.  If the developer cannot indicate what the current situation is and when they will rectify the problems then clearly we will be looking to cancel.

As yet I have received no reply.  I hope that maybe a glut of solicitors making contact today with the same questions will prompt a professional and long awaited response.  If it is true that they have know about the water pipe for 6 months then why have they not done anything about it??

I e-mailed my lawyer today asking for more details if I cancel. I also asked about compensation as this mess is Cajasur's fault - they bought out the old builder without having foreseen a new company to replace them.

Makes you wonder how long they thought they could lie to us and string us along.  Bastards!!  In the FT this morning it says spanish banks are no longer willing to lend money to developers as they consider them a bad risk and the spanish property market looks about to crash.   We have waited almost 4 yrs now, maybe its time to call it a day and have our monies back. 

We are not sure that if they repair the pipe it will be a sustainable repair or just one to get the licence and then leave us in a year or so with massive problems.  How quickly do they have to give us our monies back, or can they continue to run with this - legally - until they have the problem fixed.  And more worrying - did our  solicitors know of these other problems.  Everyone is in everyones pocket!!

There are me thinks larger problems going on elsewhere and this water problem is a very expensive one they are not in a position to fix yet.  We will not get any answers probably until Sept as Aug is holiday time there and they will manage not to be free any time in July.  I have a friend who lives very close I will ask them to find out what they can at a local level. 

I agree with an earlier posting, some media coverage would be a good idea. Some of the developments from hell programmes would jump at the chance to cover this and will mean the developers will have no chance of reselling if we all pull out, no one will touch it with a barge pole after the TV is finished with it, no one from Britain anyway. In the long run that will leave them needing us to complete and there may be some form of compensation for us in that case just to keep us on board. Maby an agreement to pay our IVA or something may be possible. Im contacting my lawyer today with a view to my options, I have an independant lawyer but even she has not yet been in contact with me even though I have informed her of this site and assume she has tapped into it or then again maby not, anyway ill remind her again that I exist.

Hi,

 

For the moment I would not panic. We must weigh up all our options before acting. If the media get hold of this, it is sure that we would never be able to resell in order to pull out. I think we should find out how much Cajasure are offering, if they are offering any compensation and then each one must decide individually what to do or whether to possibly launch a joint legal action against them.

As far as the market in Spain is concerned, I have heard that it has been "adjusted", but it is certainly still a long way from crashing!! So again, no reason to panic.

Ok Troops.  My friend went to the site earlier today.  Spoke to somone in the office whose said the licence would be issued in 2 months.  When he asked about the water main the guy reverted to spanish and never said another word in english!!  So my friend took a card handed to him and I have subsequently phoned the company to enquire about this.

I spoke to a very nice lady who spoke perfect english.  The hab lic has not been give due to the water main.  It will be a minimum of 2 months before this is done.  She also gave me an e mail address for someone else higher up in the company.  I have mailed him and am waiting for the reply.  This is the company who took over the sites from Arenal.  Priene Sur.  As soon as I have any further info I will post

 

Thanks for that Elaine.

What kind of company are we dealing with?  When he would not speak in English again after the water pipe was mentioned…ridiculous.  It is getting like a Basil Fawlty visit to Fawlty towers.  'Don't mention the water pipe!'

well, now i'm even more worried than the rest of most of you because if the site is cancelled and monies returned i presume it will be for the original price three years ago.  i purchased my apt from somebody else who had originally went into contract with arenal.  Therefore he has already made profit and i will lose money i presume.  surely there must be something that stops this happening to anybody that has bought from people who could not complete on thier 30%. re-sales were being made left right and centre this time last year on the site.  i think i will just bury my head in the sand now and keep my fingers crossed.  this is typical for me, everything i do goes bloody wrong!! 

not even bothering emailing my lawyer because i won't get a response and if i do it will be a load of old flannel!!! (has she said anything to you alan?) i could ring and speak to the bloke in the site in spanish be he'll just lie anyway.   it seems there is nobody in charge who is actually willing to be upfront and deal with us.  what a waste of space

 

suzanne

No reply yet, so I phoned.  Only to be told the protocol has changed and carlos dorrio is not taking calls.  but he will answer e mails.  carlos.dorrio@quermes.com.  when and if I get a reply I will post it.  He was obviously getting a lot of calls!!!!

We bought this thinking it would be finished within 2 yrs, our kids will be too old to come away with us when it is eventually finished!  What is so annoying is that it would appear the water pipe was damaged severely 6 months ago so that is the reason for the delay.  Paul Cox and the others on site must have known before they all left.  Not one person has told us the truth.  Did the solicitors know?

And I was under the impression that we had to give our intentions to cancel by the end of June 07. 

We have just spoken to our solicitor (Teresa Perez del Valle). She has heard nothing about the broken pipe. She advises that we wait until September. She did say though, that her company have received no reply to their letters or faxes on this case and that they will recommend that their clients pull out in September if nothing more concrete is established by then. I also spoke to Viva estates and they have heard nothing about this plumbing problem either. He was surprised by the news, and said that ordinarily, something like this would have got out months ago if it were true. He did say that at present, Viva Estates are not selling on that site. That was a worry to me. Feeling a growing sense of unease.

Until the license of first occupation is granted I'm pretty sure you cancel anytime. I have to say that with all the deception going on from agents to lawyers to development company it doesn't exactly inspire me with confidence to complete. If it is like this now how will any arising problems be dealt with after we have completed?

Suzanne I have emailed Elena 3 times and not had a reply. When I get some time to sit on the phone I will try to call her.

Alan

Vittel06 you posted

I've just been informed by my lawyer that Arenal are still waiting for the licence of first occupation. The technical inspection still has not been made due to the fact that the road has not been completed. Arenal have no idea when this will be done. Therefore the promoter offers to cancel the contract and refund amonts paid up to date.

We have heard nothing about above, e-mailed my solicitor Elena on Monday and she has not even opened my email.. have you got the same solicitors ...Do you think they are trying to pull the wool over our eyes, if these are the problems before we complete what are we facing say 6 mths down the road if another pipe bursts who carries the cost of the repairs then....

Sandra

 

ha ha Alan, your translation on the other thread was more or less right. Well Done.

lo siento means i'm sorry.. as in  'i don't have time to translate'.

have you spoken to elenor today?  i tried office yesterday and today. they said she would ring me back straight away as she was with a client but hasn't yet

i don't know what to make of all this anymore.

suzanne

Hi Suzanne. No, I have emailed Elena 3 times without a reply and when I call usually she is not available then never rings back. I am giving up the will to live with this one. I will get round to calling her at some point. In the meantime Elena I know you read this web site so how about getting in touch with us!

Alan

 

I have received a reply from my solicitor.  He has advised that he contacts the developer on a daily basis and they give him no information.  He has formally requested an update regarding completion and water pipes etc.  But no one has responded to his communication.  He is currently acting for twenty other clients on the development.  I feet he is getting as fed up as we are.

A friend of mine also buying was told by his solicitor that the work force will commence September 07 and that we will definitely be occupying the apartments Xmas.  I repeat this with 'tongue in cheek' as I think we may have heard that one before last year!  He certainly was confident that the work force would restart September, when the summer temperature drops and they can tarmac, lays pipes etc.  Maybe the work force is currently on Arenal Golf and it is a case of simply waiting, but again I am only guessing. 

I think it has probably come to the stage of what your gut instinct tells you. 

Laurdan, did your friend say which Xmas? I only ask because my solicitor said I would definately be in my aparment by the summer. I stupidly assumed she meant this summer.  Still if we live long enough we can look forward to sitting on our terrace opening our 'centenary telegram' from the King/Queen. Then again perhaps not!

Alan

Just spoken to Johanna from MRI and she assured me that the builders started work on the development last week. This came from Elena who had checked this out last week and is still expecting completion mid August. I was also told that the builders do work in August in Spain but just like the UK there will be holidays. She had only just found out about the pipe herself but said that wasn't a major problem... ( just passing on what I've been told) But I can definately confirm Spain doesn't shutdown for August..  

Lets hope Val has got some good news from her visit.  I dont think Spain should be worrying about basque terrorists (do they wear satin corsets)  they should worry about us lot turning up and going nuts!!  I have to say I am totally bored with this bloody apartment  cannot ever imagine owning it!!!!!

 

Hello all,

We have just returned late last night after a week.  I did wonder whether or not to post as it is Friday 13th.  However, I think all concerned should be aware that nothing is happening at Arenal Duquesa.  It is such a sad situation.  Of note, anyone who has purchased in the blocks sea facing has now practically lost their views, as what was to be the commercial centre is now well underway and is by the looks of it obliterating the views. Standing with back to the sea to the left hand side it looks as though another building is going to get underway - not sure what that is, but it certainly appears the land is being cleared and building  materials are on the site. Arenal Duquesa is barely visible from the road heading towards Sotragrande.  We are lead to believe Paul Cox is still around although we did not see him.

Sadly we are not going ahead with our purchase and I suppose in some ways we are fortunate that we were buying a resale and the owner wanted out to get the deposit back.

Wishing you all the very best for a speedy conclusion to what should be a very happy occasion.

 

Regards to you all.