Accident at Calahonda

You are not the legal owner until the "Licencia de Primera Ocupacion" has been issued by the Town Hall. This is a permit to inhabit the dwelling.

No mortgages should be granted until this Licence has been issued and is up to your legal representative to ensure that the appropriate licences have been obtained.

From our experiences in buying and selling properties in Spain this is the process followed and amienties such as electricity, water and telephone cannot be connected until any Licence has been obtained.

I cannot stress enough the importance of making sure your Legal Representative ensures that all Licences have been approved and received by the builder.  Your Legal Representaive must also ensure that there are no mortgages or loans in existence which have been taken out by the builders for the purpose of completing the properties as you could find yourself not only having to take out your own mortgage on  completion but also (if undetected) taking on the mortgage of the builder.

Any Legal Representative should know the above but it is always good for individuals to be aware of the process.

John

We're an Irish couple who have got caught up in this mess also. Are we going to lose this money or are you confident that we can get it back?

I'm extremely worried now.

Aileen

Hi Aileen,

A number of us have seen this sought of situation before, no guarantees but we are confident this development will eventually be finished( no idea when) some time in the future

Kind regards

Andy

Hello Andy,

Thanks for your reply but don't know how much longer we can wait. 

Does anybody know if you would be likely to lose money if you asked for a refund and approximately how long it would take. Been trying to make contact with our lawyer over the last few days without success. I'm guessing he's probably on holidays.

Would appreciate contact from anybody who may have an insight into this end of things.

Regards,

Aileen

Hi Aileen.

I have only just got back from a long weekend and seen your posted "Concerns"

Check firstly if your contract states that there is a "Bank Guarentee" that provides for your getting deposit back + interest ( Interest is a grey area)

I have spoken on numerous occasions with Andy as we are close friends and I still believe that this project will be completed, yes, it's well behind schedule but I do not know of too many projects that have been completed on time. I was speaking to another friend over the weekend who has purchased 4 apartments near the "Gardenia Hotel" and it is in the final stagesof being completed (4 Years Late) . They have had numerous problems that push ours into in-significance. Not much consolation to the many people who have monies tied up, but its comforting in some respects that we are not on our own, although it sometimes feels like that.

You can go down the route of getting your deposit back and if your contracts are in order, you should not lose any of that money and you may even make some if they honour the clause, which on our contract states that we will "Get back the deposit + 6% interest" but don't hold your breath on the interest.

In my opinion this project will get completed ( when is anyones guess) but when it is, it will, I am sure ,provide  a worthwhile investment for you and your family to enjoy. What I am certain about is that the "Project Completion" will be completed before anyone is able to get monies back through the courts which can take a long time.

This time of the year is "Very Difficult" if not "Impossible " to make contact with anyone in Spain as the last week in July and the whole of August is the "Silly Season" cunningly disguised as the "National Holiday" when all organisations including "Lawyers" tend to either shut completely or work on reduced hours (Nothing new there then I here you say) so  forget trying to contact anyone. The beginning of September is when everthing returns to "Normal" although I am not too sure what "Normal" is in relation to the Spanish.

Kind Regards

John (Tinker)