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Los Lagos de Santa Maria forum threads
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13 Sep 2007 12:00 AM by mr.c Star rating. 46 forum posts Send private message

Please see link below regarding a court case won yesterday, and judge ordering purchaser's monies to be returned because of no LFO.

The case the article refers to that was lost was at Santa Maria Green Hills.

http://www.typicallyspanish.com/news/publish/article_12446.shtml




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06 Sep 2008 2:21 PM by mercedes123 Star rating. 5 forum posts Send private message

I have just read on another forum about someone winning there money back, the court case was won against the bank concerning the bank guarantee, not the developer.  Good news for those thinking of going along the same route?  Are there any others who have also got there money back?  We also dont want to complete.  See Spanish Property Insight, their Spanish Property  Forums and the thread called IBI, Basura with no licence.




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07 Sep 2008 12:04 PM by Just Dan Star rating. 440 forum posts Send private message

Hi
Not the first time that this has happened and no doupt the Banks will appeal
There is little doupt in my opinion that this is the right decision however this is Spain
Suggest everyone should not take it for a moment that this will be the norm but at least it gives some hope.
There are far more cases going in favour of the banks and developers and the sad thing is thats no matter how strong the cases appear to be its a lottery as to the judge you end up with , A few good,many bad and even corrupt
Put it this way I have a case on another development where even the banks say I have a ligitimate claim on a bank guarantee and will not pay as the developers have told them not  and have told me to take them to court.(4 years ago and no court date set)
Getting the ruling and getting the money do seem very different things.
Still gives some hope that the laws are abided by albiet in the miniority of cases.


Just Dan


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07 Sep 2008 12:11 PM by Just Dan Star rating. 440 forum posts Send private message

Hi
Not the first time that this has happened and no doupt the Banks will appeal.
The banks will  still say they have the habitation licence by the A.S rule and that was the law (how when the licence was revoked) they That will be the interesting thing as someone,will have to pick up a very big tab indeed as this development is just one of many all in similar situations.
No bank/developer will be able to withstand the onslaught of paying out deposits and inertest on falling prices (THATS THE VERY THING THEY DIDNT ACCOUNT FOR)
There is little doupt in my opinion that this is the right decision however this is Spain
Suggest everyone should not take it for a moment that this will be the norm but at least it gives some hope.
There are far more cases going in favour of the banks and developers and the sad thing is thats no matter how strong the cases appear to be its a lottery as to the judge you end up with , A few good,many bad and even corrupt
Put it this way I have a case on another development where even the banks say I have a ligitimate claim on a bank guarantee and will not pay as the developers have told them not  and have told me to take them to court.(4 years ago and no court date set)
Getting the ruling and getting the money do seem very different things.
Still gives some hope that the laws are abided by albiet in the miniority of cases.


Just Dan


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16 Dec 2008 8:02 PM by Gee Gee Star rating. 12 forum posts Send private message

Hi

I'm new to Eye on Spain but I have read a few of the threads on the situation at Los Lagos and there does appear to be a lot of unhappy owners!  With the legal system in Spain so different to the UK it is difficult to say how those owners wishing a refund will fare. Although I have read a lot about owners not wishing to complete I don't really see too much on the reasons they have decided on this route. It would be interesting to have some feedback .

Best Regards

Gee Gee




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17 Dec 2008 2:07 PM by Just Dan Star rating. 440 forum posts Send private message

 

Hi Gee Gee

There are really are probably a lot less unhappy people on Los Lagos than on other developments.( just seems that way by one poster in particular)

Its a wonderful location and in the end thats going to be major factor when the dust settles.

The same issues relating to planning and habitation licence issues were going on for many years with no problem but they were caught in the spotlight when the roundabout stopped.

Also with buyers purchasing at the top end of the market and all other financial mess the world  many want out in many cases because they cant complete.

Most of the reasons buying Los Lagos are still there but sadly it will be many years before valuations meet prices paid and those that have a property there understand that.

If people move away from the short term financial gain,enjoy the property and use it for a retirement fund then Elviria possibly is the best location on the Costa del Sol and again the most sought after in the future

Not sure if this is what you want to hear but if you considering legal action please show caution as many feel that this will bare no fruit

Just Dan




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