Back in 2002 after a great family holiday in Spain, we decided to consider Spain as a holiday destination we could frequent on a regular basis.
Friends of ours already had homes there, and it all sounded positive. Lots of Sun, great beaches, friendly people, lots to do and so much more.
We started looking in 2003 and came across Santa Maria Village, again, nice location, award winning developer etc etc. After visiting a few other developments, we set our heart on Santa Maria, mainly beacuase it was close enough to all the fun but far enough not to be frequented but the armies of package deal holiday makers after Sun, Sand, booze and you know what.
We paid our deposit and waited. On a visit in 2005 all was going well, our block was being built and all was moving along just nicely.
In 2006 we met our solicitors to discuss dates and legal stuff, and thats when its starts to go sour. We are told that the whole region is in turmoil and that there are problems regarding most of the developments in the region. The solicitor tells us that there are no licences of first occupancy being approved because the local government is in a mess. We are advised that without this licence we should not complete our purchase.
Coming from the UK, if a solicitor tells you that NOT all the paperwork is in order, or that licences have not been given, YOU DON'T SIGN, and we did'nt.
2 years later we are still waiting, have seen the TV programmes, read the papers and have also experienced it all first hand.
It appears that with all the corruption that has occured it is the Comsumer/Purchaser that is suffering and we are the ones that bought in good faith, having paid our deposits.
We understand the developers position too, if they built with the knowledge that the development was legal and that all licences would be granted they are victims in their own right too. What we don't appreciate is their comments that everyone is refusing to complete because the value has gone down due to the state of the market. Whilst the state of the Residential market has suffered (no doubt all the problems must have contributed to this) had all the licences been in place on completion of the site, we would have had no choice but to complete the purchase regardless, and we would have had the use of the property too.
Today, there is still no LFO, although the rumour is that it will be granted in the future.
We have lost faith in Spain and feel bitter that the law has been and is being manipulated. Politcally it appears alliances are being drawn by the Local Government, Judges and developers at the suffering of those who purchased in good faith, regardless of whether it was for gain or private use. I am sure even those that purchased for private use took the view that like all property it was a good investment too.
Why has the developer not SUED the Marbella council for damages, after all, it was the corruption in City Hall that has led to this whole fiasco. I can think of atleast 4 good reasons;
1. The council is short of money and could'nt pay them anyway.
2. The developers don't want to 'piss off' the new government or they'll never get any licences. That age old thing, Politics, money and corruption.
3. The Marbella council is going to levy financial charges/penalties on developers in exchange for granting licences and allowing even some illegal developemnts to be permitted. These funds will be great and welcomed by the new administration to get their new term of office rolling.
4. It's far easier for the developer to pursue an individaul who has no power or political influence rather than the establishment which ultimately holds the power over him.(Reads and sounds like a conspiracy novel, but it's true).
Recently, a judge has ruled in a document that the LFO does exist by what is deemed 'silent agreement' (most of us have heard this term before) even though i have a copy in black and white that the LFO was refused on 2 seperate occassions by the Marbella council. A new licence has still not been produced even after this ruling. A lawyer also advised me that in Spanish Law, under article 242, that it is not possible for a licence to exist under silent agreement, Is this judge collaborating with developers? It would'nt be the first time. Oh and by the way, this ruling was made in a court outside of the Administrative area of Marbella, why did the developer go to a court outside the area? Its a bit like saying The London Council ruling on a planning matter in Manchester. Smells does'nt it.
With this ruling the developer, (SIFASA) is going to pursue everyone to complete and claim for interest of the outstanding monies. This surely is illegal?
The letter will drop on your mat any day very soon, unless of course he reads this and changes his mind.
I believe the developer is now taking this whole situation personally and being that he is AFRAID to challenge the GOVERNMENT, he is going after all of us with a vengence. Its personal now.
Summary. To date, the legal establishment is contradictory, making the rules up as it goes along, judges decisions are based on personnal opinions/alliances. Consumer rights don't exist in this part of Spain even though she is part of the EEC. My Spanish solicitor has told me that the Andalucian government is in turmoil, judges are giving different judgements on the same day albeit in courts next door to each other.
I am not naive, corruption and 'back handers' exist the world over, but i thought being a member of the EEC meant that comsumer laws were applicable to all member states. I want to make it clear, i have been to Spain many times, and in no way do i make these comments personal to any Spanish people or to those people that i have met on my travels there, but are intended at those that are involved in this scandal.
Where does this leave us? Waiting and at the mercy of those in power.
Kind regards
M
This message was last edited by mthatcher on 10/13/2007.