Hi Guys
Here is a letter I received today from a solicitor working for 10 clients in the same boat as us, I would like to arrange a trip to Palmera Properties in November probably the first week, If anyone is interrested in joining me for 2 or 3 days over there please contact me on gbwilts@aol.com I visited the site this time last year but just went to view the Villa, This time I am going to Palmera offices, And I think strengh in numbers may help, I will be flying around the 4th,5th or 6th of November,
Regards
Nick
Dear Mr. Wiltshire:
Many thanks for your mail.
I do understand and know the situation is getting worst day by day. Maybe you have been told about the last irregularities I have found in the case of Fuente de Piedra I.
The execution project of Phase I went lost (nobody in the Town Hall give any explanation about such strange circumstance). It was impossible to check it for some months until last July, when I received a letter from the Major giving me the opportunity to check it but forbidding me to copy it (something absolutely uncommon in Spanish Councils, because, according to Spanish Law, this project is public and any citizen has the right to get copy of it). The Town Hall ignores not only Law but the Andalucía Ombudsman, who I contacted with in order to informing him about the situation. He has requested the Town Hall to give me the copy but the Major does not pay any attention to him.
You know that these are only a part of the problem, there are more facts to bear in mind: the houses are showed as subsidised houses (VPO) in the contract but not in any other Public Office; the whole VAT (IVA, in Spanish) has been paid in advance by promissory note (not legal according to Spanish Law), no works finish date established in the contract; huge delay in the hand over, illegal, unfair and wrong clauses in the contract (house size, costs and expenses, notary selection…); no bank guarantees regarding the payments made in advance by the purchasers, obligatory comfort packages charged in 12.000 € plus VAT, land Registry arrest due to a serious debt (nearly 300.000 €) that Mirador holds with the Andalucía Tax Authorities; differences between the planning deposited at the Land Registry by the promoter to ask for the building license, the planning given by Palmera Properties to the clients and the houses that Mirador have actually built (without garage); the private swimming pool will be public (for the whole village of Fuente de Piedra); not helpful Fuente de Piedra Major Assistant and Architect and, in fact, a very important document has been “lost” there (execution project that is essential in order to grant the first occupancy license), the lost project has been found only two months ago but they did not permit me to make any copy of them; useless Palmera Properties customer service which is responsible for their lack of helping.
Regarding Phase II, all of my clients paid money (up to 88.000 €) three and four years ago but they have not received even a private contract, they do not have any new or info about the promotion, although they have try to know asking by fax, mail, letter and personally. The Town Hall has informed me Mirador has found archaeologist remaining and Andalucía Government has checked them for some months; after this checking, the promotion will not be with 140 houses because the remaining must be protected and only a third part of the houses will be built. Of course, the amounts paid by the buyers are not guarantee as Law requires, so it would be a big problem if something happen to Palmera or Mirador, the money will be reimbursed then.
About Villanueva del Rosario, the current Major (very active nature protector) is working against some illegal license that Mirador received by the former Major in order to build the promotions in that village. The former Major gave some irregular license to Mirador in order to build in green areas and near rivers, not considering Spanish Law, so some of the promotions are in great risk of not being built or being illegal.
In the case of La Perla, the buyers paid amounts since 2002 in order to purchase a nice apartment in Benalmadena. After some managements we have found out the promotion is not a apartment promotion but an hotel, something that is incredible to believe by my clients, a lovely couple tired of waiting for their flat which it seems to be only a room in a hotel, with all the disgusting consequences of it.
For all these reasons, last August I served a criminal claim against Mirador and Palmera Properties on behalf of ten buyers in those promotions; after that, four buyers have decided to join us. The seriously and importance of all the irregularities detected and the risky situation made the criminal case the best to get the money plus cost and interest: we do know the economic situation of the companies can make a civil action get useless –it takes too much time- the best option is not the perfect one –criminal case against the boss and the companies itself- but it is the more recommendable way to act as soon as possible and try to get something about all this mess created by Mirador and Palmera Properties in your damage.
Besides that, I can tell you some weeks ago (Sunday 9th September) the new about that criminal claim was showed in a national wide newspaper (El País), explaining the irregularities Mirador and Palmera Properties has committed which have been denounced; you can find it in the online version of the paper (in Spanish):
http://www.elpais.com/articulo/andalucia/Todo/catalogo/anomalias/elpepuespand/20070909elpand_9/Tes
You can find another article about the criminal claim in this online bulletin (“El Observador”) that shows real state irregularities, frauds and problems similar to this one I are working in. The article has been published today:
http://www.airon60.com/index.php?option=com_content&task=view&id=1024&Itemid=27
The boss of Mirador, Enrique Faura was interviewed by the newspaper. He insisted in everything is right and says again that the house was changed and is not VPO because the buyers asked for it. He explains they have not problems with nobody and they are always willing to have a good deal with the buyers.
All the facts we know very well about every case and every purchaser seem to be “nice and right” for him. Of course, he is not the one who cares and is concerned about passing years, huge amounts of money paid, no houses, no bank guarantees, illegal contracts, lost projects, arrests at the land registry, public swimming pools, no information, no garages, no tax info, unpaid promissory notes (and bank costs caused for it), no accountant info in the company registry, debts they owe to suppliers and every serious and irregular point we find in these promotions, in the “special way” both Mirador and Palmera are selling houses.
Only Mirador has contacted me, they have paid me the promissory notes that were bounced one year ago and they have made me an offer about some purchasers in Phase I. They try to improve the situation (for them, of course); they know this is the way for them, they make offers, they pay part of the debts, the matter is that the crimes have been made in any case –money can not change it- and there are a lot of problems in all the promotions that can not be solved only with money. It is clear and experience tells us, they only worry (maybe a little) about us when we take them to criminal court.
Given all the explanations I have just showed to you, I must tell you the matter is really difficult and all these details we have just know make it worst. Please, think that the situation in Phase I is neither legal nor clear and in the not likely case they sign the deed they are going to make it in an irregular way and charging you with costs that are not your responsibility according to Spanish Law (obligatory comfort-package, mortgage cancellation, municipal gain tax). Besides that, if the “dark” situation about VPO matter and the Town Hall continues and Mirador does not pay their debts, getting the house in a safe and legal way is going to be impossible.
Kind regards.
This message was last edited by digger123 on 9/28/2007.