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I have heard today off our agent from bms homes that the swimming pools are on licence 7 which will probably not get granted so aifos are trying to get out of putting the pools on the complex, apparently after a period of time if they have not completed them the solicitors are going to sue them, duquesa estates may ask every owner to throw in 100 euro, 350 apts x 100 euro = 35000 euro and apply for a licence to do the pools where the blocks with no licence were suppost to be, maybe somebody else has heard different, see what you can find out, my agent is out there next week so i should have some new pics to upload
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just been to aifos office in Malaga.
The boss lady there said that the pools will only be built after the 5th phase is complete. If thats the case its looking like 12-18 months!!!, and no mention of tennis courts etc.When I showed them the original english specs that we downloaded before we signed many years ago, their attitude changes somewhat and they took photo copies of it to show the big bosses, implying that they would have to build the pools etc as it was on the original specs.
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If the infrastructure promised on this site is not provided by Aifos, then surely, if people begin to complete on their properties, we will have no leverage left to 'persuade' Aifos to provide the pools, squash, tennis and paddle courts, gardens, putting greens etc promised on the original plans and specifications. Has anyone who has been up to the site actually measured the dimensions of the apartments? Has anyone seen any initial irrigation systems going in for the tropical gardens?
Perhaps everyone should just take stock of what is happening. Remember, only fools rush in!
The product is already 18 months overdue. The developer now seems keen for completion to recoup more money. There is little or no communication with the developer now, and In my experience, once they have had the money, there will be no co-operation whatsoever.
Should a residents committee be formed now to discuss the situation and uphold the interests of all the buyers on site?
A meeting could then be arranged on site with the ourselves, the developer, and a representative solicitor to thrash out these differences and agree a forward plan.
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http://www.eyeonspain.com/spain-magazine/faq-snagging.aspx
If the person who wrote the article I read in the above url is correct in his assertions regarding sign off of new property in Spain then it would be utter madness to complete the sale until all the infrastructure quoted in the Apartment sale spec is in place. The specification outline for the infrastructure is still published on the AIFOS website.
I would urge everybody thinking of signing up to read the above article, verify its accuracy, or otherwise, with their legal representative and act accordingly. That is what I intend to do.
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We bought 4 years ago - a ground floor apartment in Jasmine overlooking the sea. We were advised that we would have a lovely garden and a spectacular view. This was Jasmine, level 0, G. When we went to snag three weeks ago we were shown Jasmine H with a lovely view of a six foot wall in front of the apartment. Naturally we refused to sign - if anything it is a basement apartment!!! They told us that they never built Jasmine G as it would have had a higher wall in front of it!!! Behind the wall is the top of the mountain which should have been cleared, building rubble and all!!! We were bouncing!!!
We did not even look at the infrastructure of the site as we were absolutely gutted! There are others in the same position as us because with the nature of the land most of the ground floor apartments in Jasmine and probably the other two blocks facing the sea are the same. Who in their right minds leaves the landscaping like this? If they can do this we are sure that they will not landscape the rest of the development or complete the facilities promised.
We endorse the fact that we need to get together asap to form a committee to sort this out. No way are we going to give Aifos another penny of our hard earned money unless they come up with a solution to the wall (of the apartment that they insist is ours and we do not!), and the infastructure of the complex. We, personally do not think that they have any intention of building the swimming pools, we sat in the foyer of the Guadalpin Hotel in Marbella for half an hour waiting to be seen by an Aifos rep, who looked absolutely horrified when we said we would stay all day until we had a meeting with them which ended in a complete waste of time.
We feel that everyone needs to stick together on these issues and form a committee to try and sort these issues out.
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I agree with what you say, i have seen the blocks you have mentioned and was amazed with the so called sea views from the ground floor apartments , dismal is an overstatement. As usual there seems to be a lot of viewings to the forum but not a lot of postings. Once again will it be left to a few individuals to try and sort these matters out for the majority or are all you viewers going to get your fingers out and start asking questions in the right places. People seem to be happy going to site snagging and then starting to secure there mortgages, well let me tell you this, anyone completing on this project without full completion of the grounds, pools, tennis, squash and putting will jeopardize the investments of others.
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can somebody start a post so we can orgainise a forum to put pressure on these clowns to sort the pools and sporting stuff out where we can all leave our contact details
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I also agree that we need to form a committee. I had a meeting last week in spain with Juan Rossi, who has posted the eyeonspain site several times, and was very helpful,, as was Tim Watts at Duquesa, who I also met. I would suggest that possibly one of these 2 well informed gents who are actually out there, and who I know between them represent about a third of the apartments sold, might be the most suitable to head a committee.
My understanding from Aifos, was that the landscaping has to be completed before License of Habitations will be granted, but am also not convinced that this will occur
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I agree with your choice of representative either Tim or Juan,
Tim has always been helpfull and Juan has a great local knowledge and is in contact with local authoraties.
Wonder if they would do it together ?
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Would it not be wise that there is a contract with Aifos that the pools will be built...............what about Duquesa Estates they seem Quiet and have not posted for a while .These were the agents that sold the apartments and all the facilities that would be provided.
Does anyone have direct contact with Aifos and have they refused to provide pools ,or will they be completed with the last blocks being built.
Does it not hapen in some developments that the pools are the last thing to be built, regardless if some of blocks have been handed over ?
It does seem crazy that there is so little information when so much money is tied up.
This message was last edited by john3 on 11/21/2007.
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Don't think we will be entering into any other contracts with Aifos - they have not delivered their promises so far. As for Duquesa Estates we think that Tim has been absolutely first class in giving us fnformation that our agent has not, so has Juan Emilio Rossi! I would like to think that everyone who has bought in the development will stick together and fight for everyone's right to a good apartment, the views, facilities they were promised and make it a good place ti spend quality time. I would like to think others are of the same view, we have been in it too long now to give up!
Tried last week to contact Aifos - no communication whatsoever!
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I am going out to snag my 2 apartments next week and meet my solicitor. I shall make it clear that "no landscaping etc" - no completion and I expect them to protect my interests in this!
What use are apartments that are on a buildingt site, can't be used or let and will cost upwards of £5k PA to maintain for most buyers?
I will also try to get a chat with Duquesa Estates and get a proper feel for the state of play with this fiasco of a development.
Like most of you guys, I am completely and utterly cheesed off with this whole affair and wish I had never heard of the place - I shudder ever time I think of the near £20k already lost, purely on interest from the bank that would have accrued on my deposit money!
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just to replty to John3, I had a direct one to one meeting with Aifos at their offices in Malaga last week. They said that the pools would be built after the 5th phase was completed and suggested that that could be 18months to 2 years time!!!!!!!!!!!!!!
Duquesa, via Tim want to form a committee but I think, and he can correct me if i'm wrong, Tim was suggesting that wecomplete and then form a committee??
Unfortunately I am also involved in another Aifos calamity called Rosario, where they are now saying the golf course will only be built after the last phase is completed!!
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Forming a commettee after completion is absolute madness, we cant get any response from Aifos ( or what ever the are called ) now, and to think it could be another 12 to 18 months before they even comsider starting the pools.
Talk about shutting the stable door after the horse has bolted, come on people get a grip of the situation in hand. Have we all got money to throw away. If one person signs for completion Aifos? will then use this as a leverage and carry on with there bullying tactics.
I will not sign untill everything is in place because i aint living on a building site.
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Q: What should I be asking a developer prior to completion?
A. The call that you normally receive from the agent will simply state that the property is ready and that you need to come over, or instruct your lawyer, to complete the sale, and pay over the balance of money but there are a lot more questions you should ask, prior to making your travel arrangements. Forums help with exchange of information, but you should be well prepared when you arrive to carry out the snagging inspection, and sign at The Notary, because what you actually find on arrival can be very different to what you believe you have purchased. Asking the right questions or getting your lawyer to ask the right questions can often avoid wasted journeys and expense.
When you buy a property off plan you should get a sales contract, drawing with dimensions and a specification sheet of what’s included. The sales contract may also include what communal facilities are included; pools gardens and parking areas. Sometimes these may not be completed, especially in the early stages of the development.
When you are asked to complete you should ask the agent/developer for a written confirmation that the property meets the agreed specification and if that any white goods furniture and fittings, if included, have been installed, that the communal areas are finished and able to be used.
Remember if you are relying on rental income to fund a mortgage a property with no communal pool, where there is unfinished by building works, will be much more difficult to rent.
The above advice is given by "Inspectahome" in their article on Snagging and Completion of Sale. Follow this advice. Any other course of action is pointless. Without our individual legal advisors' advice and support in this matter we are going nowhere. Remember not everyone's contract of sale will be the same.There are too many apartment buyers out there, who are not, or appear not to be, concerned and AIFOS will take advantage of this. By standing firm on our legal rights we may be able to get more immediate action from AIFOS - although I wouldn't bank on that. At least they will be financially inconvenienced.
I look forward to the results of NSMSA,s upcoming visit to site and eagerly await a report. The importance of on-site inspections cannot be overstated at this time.
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Has anyone any news.................................has anyone accepted their apartment after they snag it.
What about the pools and is it agreed now that they wont be built till after the last phase is built?
There are so few post on here it is hard to find out any news..................................
Has anyone visited the site recently and what stage is it at ?
This message was last edited by john3 on 11/29/2007.This message was last edited by john3 on 11/29/2007.
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Spoke to an agent in Estapona on monday 26/11/07 he says he wont be signing for anything untill the the site is complete, and has advised me and anyone else to follow suit .
I have asked him to contact the town hall at Casares to se if they can shed any light on the matter, he seems to think they wont grant any licences if the whole site is not finished.
If this is the case then we have no worries but the way things have gone to date with ha ha cienda casares i aint holding my breath for a positive reply.
I just hope in 12 to 18 months time were all laughing about this and enjoying a few beers round the pools in the beautiful landscaped gardens.
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Hi All. I'm new to posting on any of the Casares forum threads, although I have read a few of them over the last couple of years. I speak for a group of private individuals who have purchased 7 apartments between us in Margarita. We agreed the purchase in the first release of the development back in 2003. We have just this week sent a letter to our Spanish solicitor requesting them to investigate the issue of the 'complex facilities' not being completed (or even started in some cases!) with Aifos. I will hopefully post a copy of this letter to our solicitor and any response we get from it in due course, and will keep you updated as to any news on the situation that we are aware of.
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