God its cold!!!!

This is not a negative post it is based on fact.    
 
I believe that all those interested in purchasing at Santa Ana Del Monte should be aware of San Jose’s business procedures as they are radically different from what we expect as professional and honourable.
 
My personal circumstances:
I am a retired police officer and spend a lot of time in Spain.  I love the area and setting of Jumilla and completion timelines for me are not an issue.   I have difficulties with San Jose as a company in that they have so far demonstrated a lack of professional integrity and honour.  
 
I feel that my deposit with San Jose may be at risk.  You may be in a similar situation.
 
If any one wishes to combine in some form or other, perhaps similar to a pressure group, to enforce ones rights, lobby all concerned in Spain and the UK to obtain some sort or resolution and perhaps more importantly to ensure that all new prospective buyers are aware of their rights and the difficulties that we have experienced so far please email me on : santa-ana@arlach.co.uk
 
Fact:  San Jose has been refusing to issue bank guarantees for some considerable time.
Source: Solicitors – PSI, Orihuela Costa, Alicante.
Source: Internet forums – some members write that they have been waiting since 2005 for a BG.
 
Fact: Bank Guarantees are required by Spanish law.
Source: Maria de Castro, Spanish Lawyer, Director of the Law Firm www.costaluzlawyers.es.
 
Fact:  There is no way of enforcing this other than going to the courts – a long drawn out process.
Source: Solicitors – PSI, Orihuela Costa, Alicante.
 
Fact:  I have been lied to on countless occasions by San Jose regarding bank guarantees.
Source: Details on all Forums.
 
Fact:  Several of my solicitors clients have initiated the withdrawal clause in the contract – the one that says San Jose will return the deposit if the building is delayed beyond a stated date and time frame.  San Jose have refused to return these deposits paid regardless of the circumstances.  They have stated the only way obtain any deposit is through the courts – i.e. the courts order the return of the deposit.  It will take on average 3 years to obtain a judicial judgement via this route and will cost around 1500 euro in solicitor’s fees providing it is straightforward.
Source: Solicitors – PSI, Orihuela Costa, Alicante.
 
Fact:  Javier, San Jose's representative on SantaAnaDelMonte forum has continually been unable to respond regarding bank guarantees.
Source:  
SantaAnaDelMonte Forum
 
Fact:  Local Newspapers on the Costa Calida name San Jose as one of the developers involved in the Valencia “land grab” issue widely publicised here and in the UK as being against human rights.
Source: Round Town News, Benidorm.
 
Fact: Similar sharp practice exists – view the video this week on BBC watchdog website regarding Polaris world.
Source: http://www.bbc.co.uk/consumer/tv_and_radio/watchdog/reports/homes/homes_20071107 .shtml
 
Opinion:  Jumila will be built in some form in the future providing San Jose does not ‘go under’.
 
If you are fortunate to have a Bank Guarantee and the completion dates are exceeded you may be able to ‘activate’ the guarantee and be paid back your deposit.
 
The latest completion dates are optimistic to say the least.
 
The golf course (s) and promised amenities and associated infrastructure will only be commenced / built if a substantial proportion of the complete complex is sold and completed.
 
Kind Regards
Chris and Arlene
santa-ana@arlach.co.uk

For the record I must fisrt of all state that I am not an estate agent, I do not sell property or have any commercial relationship with San Jose and I am well known to PSI as an independant property inspection company, snagging list creation and management

Having dealt with San Jose on a regular basis I have to say that as far as their general build quality, properties being built to speciifcation and response from aftersales in terms of getting defects rectified

They are a large local builder and yes, as is normal in Spain, are ofetn late on their completion dates however, having personal experience of the situation at polaris World, I would not put them in the same camp

Yes it is true that Spanish Law requires that for all new build properties there has to be a bank guarntee in place however some organisations are slow and sometimes try to avoid this as it costs them money to issue

Going to law in Spain can be  a lengthy process however there is a much easier method which often gets results which involves rather than going to law using the excellent protection consumer systems that operate in Spain

Fact unless you specifically have a clause in your sales contract that guarntees a completion date you will not be able to recover any money from the bank guarntee as iot is specifically desiigned to come into effect if a company goes into receivership

I have had publish this week on the forum an article that has resulted in the questions that buyers typically ask us and there is a specific section that explians how to complain if your snagging is not done. This is the process for all complaints, including late completion or lack of the bank documents. It requires that you, or your legal representative, go to their offices and complete a complaints form which is then investigated by the local Town Hall 

Most of the things that you are going trough are unfortunatley very common in Spain, they only ever build onec they sell enough properties to cover the building costs

If anybody would like any advice you can e-amil me off forum

Hi Roy

Thanks for that detailed explanation. It has certainly set my mind at ease, with several isues.

Its good to know we have people with previous experience, and even greater local knowledge, of how the system works over there.

Once again, many thanks for your input.

Regards

Baz & Sue

Interesting responses, thanks.

For me comletion dates are not an issue providing my deposit is safeguarded as is demanded by Spanish Law.  It is not.

With regard to BG's San Jose is not simply being slow.  Furthr details are on this link.  http://www.eyeonspain.com/Secure/MsgBrdsPosts.aspx?thread=5739&dev=J42&name=Jumilla%20Golf%20and%20Country%20Club

There are purchasers who have been waiting since 2005.  My solicitors state "San Jose are refusing to issue BG's at the moment"...

With regard to purchasing from San Jose and breach of contract on their part is it possible to expand further re "Going to law in Spain can be  a lengthy process however there is a much easier method which often gets results which involves rather than going to law using the excellent protection consumer systems that operate in Spain"

With regard to the San Jose contract their is a clause indicating a 3 month extension to the promised completion date.  There is a further clause stating that if San Jose are in breach of contract then monies paid will be returned if demanded.  This is not happening at present.  I am aware of several purchasers whose contract building completion date has been passed by extensive time periods.  They have opted for return of monies paid.  It would appear that San Jose have refused indicating court action is required to obtain return of deposits even when San Jose is in brief of contract.   This is the same as reported by Watchdog regarding Polaris World.

If only my mind was at ease....

Kind Regards
Chris

 

Hi All.

We bought a property from S.J. in August 2004, just over 3 years ago and got a bank guarantee within 2 months of asking. Our guarantee unlike some peoples guarantees which run out and have to be renewed, is open ended and does not have an expiry date so from that point of view we are O.K, Also waiting for us like Chris has not been an issue. From my point of view, when we got the bank guarantee it was more to cover our money in case S.J. were to go bankrupt and that generally speaking is probably its worth, although personally speaking i dont feel that they are likely to go bust but of course one never knows.

To use the bank guarantee to get your money refunded from S.J. because they have not met their completion dates, which has happened twice in our case, it has to be proved that it was S.J. fault that this happened. Missing completion dates because they were waiting for long periods for licenses from the local council, i understand from various sources, would not neccessarily be their fault. Therefore they could not be held liable. Also if there were long delays from their building suppliers, it could also be construded, that was also not their fault. Not quite as straight forward as i originally thought, but i suppose that is life sometimes.

I hope, no i feel sure that all will be well in the end. Maybe not a lot of consolation for some people at the moment.

                          Regards.  Bob.  

 

This message was last edited by restassuredproperties on 11/24/2007.

have a little faith,

the days of land grabbing and illegal builds are behind us.  i paid my deposit about £48k in April and was told the build would be ready in 2 years  2009.  I expect it would be at least a year late 2010, so I have no problems with that.  It will be built to a high speck and legal.

with all the doom mertchants about, and the effect or the USA sub prime, and Northern Rock I still expect to make a profit on my property when it is completed, if I wanted to sell.

I am buying into a better way of life, so don't worry about the BG's, gust get me out out of here before the government takes all i have and blows it all.

im the same this country wants you to work at 100 miles per hour and tax you to the hilt those who choose not to work seem better off im sick of it hopefully when my property is complete i will start a new chapter in the hills of jumilla

Hello All,

Firstly, apologies for not coming back sooner but I had to return to the UK for a while and until yesterday, had not personally spoken to an Abogado that presented a good working knowledge in this area.

There were 8 responses to my posts on the forums  I have interviewed 4 different Abogados in the last 8 weeks 3 of whom were English speaking consultant agencies offering complete services of property purchase, utilities connection, NIE number issue etc and 1 totally independent Abogado.   

I believe that the first 3 agencies are linked in some manner to property agents who are agents for San Jose as well as other developers and that many purchasers on the forum rely on these consultants. 

The Consultant agencies appeared professional but advice and guidance regarding legal requirement of bank guarantees and actions to redress the breach of contract by San Jose was to say the least minimal.  Email correspondence was extremely haphazard.  It was stated by one that they have several clients who have requested deposit return due to going beyond 3 months from contractual completion date and that San Jose have categorically stated that they will only return any monies by way of court order.

I have now engaged an independent Abogado in Alicante who was straight talking, very reputable and knowledgeable in these areas.  Obviously, this legal action is expensive however San Jose has left me with no other options.

On advice from the Abogado I have initiated formal investigations regarding the illegal non-issue of bank guarantees by San Jose and the legality of the build in Jumilla.  It is important that the legal position at Jumilla is clarified because if your contracted plot is legal titled then you at least have a claim to something tangible in a ‘worst case’ scenario..

I have been advised at this stage that single client direction is best however later circumstances or evidence may suggest a collective action is the better way to proceed.

Incidentally, I have visited the San Jose site at Dehesa Campoarmor just before Christmas. The site looks good and with buildings well finished.  We were given an availability sheet – this listed in excess of 100 new key ready properties available -   If this administration document is correct that’s a significant large number of euros invested in finished properties.  A thought did cross my mind that this and the current slow property market may explain why San Jose appears reluctant to get things moving at Jumilla. 

If you have a legal Bank Guarantee then there is every chance you may get your deposit back in the event of breach of contract by San Jose.  However, beware there are reports on this and other forums of difficulties.

However, if you are like me stupid enough to believe San Jose’s blatant unfulfilled promises or despite legal requirements to the contrary you do not have this safety net of a bank guarantee, then you may have difficulty in having your deposit returned in the event of breach of contract.

If you wish to be offered an option to be included in any joint action to legally force the issue of a Bank Guarantee or return of all deposits paid due to breach of contract then please register you interest by Email (santa-ana@arlach.co.uk), not a PM, and include your name, parcela / plot number and contractual date of completion.  I will keep you informed of my progrerss and If in the future the Abogado suggests a class action as a way forward I will let you know.

Kind Regards
Chris & Arlene

santa-ana@arlach.co.uk

Further to previous posts on this subject and I am still awaiting investigations by an independent lawyer.

I came across this Q&A article in a UK magazine.  I have reproduced it here. 

It may concern you if you have left a deposit with San Jose in the last 18 months or so and have not been issued with a valid bank guarantee or if you were issued with one it has now lapsed due to the time delay.

Quote - Page 98 Spanish Homes Magazine December 2007.

-------------------------------------------------
Antonia Guillen is a Spanish Lawyer at leading law firm DWF.  He is originally from Barcelona and has practiced law in Spain and England.  www.dwf.co.uk 0161 603 4951

Getting the Guarantee

Q. I was told I’d get a bank guarantee on the off plan property I’m buying, but the developer and the estate agent keep making excuses for not giving one to me. Is there any was that I can force them to give me a bank guarantee?

ANTONIO GUILLEN REPLIES:
Bank Guarantees are compulsory by law.  If the developer fails to provide you with a bank guarantee he will then be in breach of the law.

Failure to supply a bank guarantee is illegal and therefore you have the right to demand an immediate bank guarantee or to terminate your agreement recovering any amounts paid. 

Now there is no need yet to arrive at the latter.  First ask your lawyer to chase the developer and obtain a bank guarantee.  If a bank guarantee is not supplied within a few weeks from its request then find out why it is taking that long but do not leave the situation for longer as you might be in danger of losing all your monies.

The best way to request a bank guarantee from the developer would by way of an official communication, in other words a burofax or notorial letter.  This document will give you legal grounds on which to claim your money back should the developer still fail to provide you with a bank guarantee.

If you do not have a lawyer or you feel that you feel that your lawyer is not independent from the developer then you should change lawyers.

Your current situation is illegal and extremely risky for your interests.  Something should be done as a matter of urgency.
--------------------------------------------------

Kind Regards
Chris

I was noticing on Eye in Spain that you are concerned regarding the San Jose development. I regretably was very mislead by Almendena, At San Jose in November 2003 and was effectively lied to regaridng confirmation of planning licence in place.

I subsequently sold properties on the development.

I am particularly concerned about this development being anotehr red herring like Albatera and would be extreely interested in knowing what progress or any you are receiving regarding receiving certainty of planing approval.

my understanding is the second golf course has defiantely been refused and that the first phase only has acheived provisional planning for around 1000 untis. The likely of the major 10000 - unit development being approved appears a pipedream which may actually work inclients favour if they obtain planning for at least one golf course.

I have also heard from www.solseeker.com that there is an emergency planning meeting at the end of feb to final ratify first phase.

Is this your understanding?

All of my clients were not given BG and I have now an Abagado who seems to be indicating there is potential to extract a BGeven after this length of time.

Any information you have would be extremely well received.

Dear FINCA2009

When you say you were mislead by Almendena at San Jose, is that the name of the development or the construction company, or are you saying that it was being built by San Jose? You also say you subsequently sold properties on the development, are you still waiting after 5 years for it to be resolved, or do you now have happy clients.

Also as you seem to have an insight into the goings on in the town hall at Jumilla regarding the refusal of the second golf course is there anything else you think we should know, such as will they finish the infastructure,  ie build the roads to the 1000 units or do you think they will just leave them as dirt tracks which would be ok in the summer but a nightmare in the winter.

Listen I have not been sitting around for 5 years!. All my clients are extremely concerned, unhappy with San jose.

Alumenda is the Managing Director of San Jose and the boss's  daughter.

The problem is San Jose perpetuate the lie all the time about "we are nearly reading to start work" "we will have planning approval next month". I have heard this for 5 years. my issue is that at the turn of 2008 I heard some rather alarming news which I am seeking to verify in that I have heard from three sources that assets were being disposed of by the shelf company buildign Santa Ana.

You may be aware but San Jose set up seperate sl companies for each development - so if it all goes pear-shaped San jose master company still stands, whereas for example the sl company they used for Albatera no longer exists.

I was trying to find out if you guys have got any updated knowledge.

I desperately want this project to eventually get built (several of my family have secured homes there) but I am increasing worried.

HAve you received any recent assurances, have you been given proof of planning approval from your abagado, has your adagado explained about court case where another developer claims hewas sold land before san jose did deal with the landowner

Finca2009, please do not tell the truth. People don't like it.

If you state from experience, they will not believe you.

It is not what they want to read or believe.

This message was last edited by alm on 2/15/2008.

This message was last edited by alm on 2/15/2008.

Well that was helpful

do not post a response if you are telling the truth!

who are you you anyway - alm?

"Well that was helpful" - Meant as tongue in cheek.
"do not post a response if you are telling the truth who are you you anyway - alm?" - One who did ask questions many months ago, also stated the obvious facts and many, many of the rose tinted brigade did not like it.

I welcome your comments and information you can bring, as after all those this time, there are many who are prepared to sit, dream and ignore that the value of their deposits is dwindling and still no signs of their dream home.

This message was last edited by alm on 2/16/2008.

finca

I'll tell you who alm is  just pm me

GAL

FINCA2009, I don't know why you should be so concerned as to who I am, but if it does bother you that much, you are welcome to PM me, rather than listen to someone who pretends they know.

Always listen to fact and not gossip or gossipers!!

This message was last edited by alm on 2/17/2008.