Internet in Vera, Almeria

Is any one being threatened by Sifasa to pay their mortgage fees and utilities if they dont complete without a FOL by the 14th December. I would like to hear from anyone in this position. 

 

Hi Crofter

Yes and perhaps illegal however Debbiep has posted that the L.F.O issue is supposed to be sorted and if thats the case then they have everyright to insist you complete.

Would be interesting to have your situation with regards to the legals.

Just Dan

Crofter, they (Sifasa) obviously think you are Father Xmas!!!

This all seems to be a horrible mess due to lack of information, as stated before Santa Maria Village was never built illegaly but due to the corruption in Marbella Town Hall ALL licences were revoked for review whether they were illegal or not as the Town Hall had to be seen to be going forward. It is only a matter of time before all the legal licences are released.

Marbella is a town and comes under the province of Malaga so Malaga court can overide decisions made in any of the towns, the developer took Marbella Town Hall to court as he was fed up with waiting basically, the comparison in the UK is local court /county court & high court.

Santa Maria Village was 65sq meters over built which is nothing in the scheme of things and therefore the developer had every right to push for his license instead of just waiting until the Town Hall got around to it; the developer has paid mortgages and community fees here on apartments not completed which is why it looks as lovely as it does, many urbanisations do not look this good after two-three years of full occupancy.

It has been four years since people put deposits down and understandably circumstances have changed for them and here in Spain as well, it is difficult for both parties as some people cannot afford to complete now but the developer has been stuck paying for apartments which he should have sold a year ago. Perhaps this is why he is pushing for fees, lots of new developments are doing the same once they have their license Santa Maria Village is not the only one doing this. I am not saying it is correct but I can understand why they are doing it.

I understand the frustrations of everyone as I would feel the same but without all the facts it is hard to know if you are being lied to etc.

We have been told that now the license is in place the developer is going ahead with plans for the long awaited Golf Course which will only increase the value of the properties in the long run and make it more desirable for people to want to buy/live and rent here.

If anybody would like to know any information please just ask and I will be happy to answer truthfully, I live here and  can honestly answer your questions  and hopefully put your mind at rest.  If you are having problems completing then you will need to go through your lawyer for the best advice.

DebbieP

Debbie ,

Your post is contradictory.  You say: 

as stated before Santa Maria Village was never built illegaly but due to the corruption in Marbella Town Hall ALL licences were revoked for review whether they were illegal or not as the Town Hall had to be seen to be going forward. It is only a matter of time before all the legal licences are released.

You then say:

We have been told that now the license is in place the developer is going ahead with plans for the long awaited Golf Course    So has the LFO been granted  or not?? 

 The Golf Course was never going to be built since it was revoked in 2003....or was that another lie we were told.?  I  cannot see yet more cork trees being cut down to make way for this.

which will only increase the value of the properties in the long run and make it more desirable for people to want to buy/live and rent here.This is typical REA speak!!!! I think we've learned to run a mile from that ol' chestnut!!!

If the developer cannot show the 100% authentic LFO from Marbella Town Hall then to make these threats and set deadlines is despicable .

This message was last edited by Tish on 11/28/2007. (spelling)

This message was last edited by Tish on 11/28/2007.

Hi Tish

Yes of course the license was revoked for the Golf Course as were all licenses, they all had to be reviewed by the new administration to ensure whether they were legally issued.

All paperwork should be with the lawyers to enable them to complete, the office have also advised that if you go in and see them they can show it to you as long as you are an owner.

Yes it is that ol´ chesnut again but as I said I live here (Block 10-23) do you really think I would promote somewhere that I didn´t like or believe in ?? It would be all too easy for everyone to come and see me to complain - doesn´t make sense to lie.

Now if I didn´t live here then I could understand your reluctance to believe anything I said, also It is only a matter of time before all the legal licences are released  - what I meant was all as in everyones I´m sure other developers/builders have received theirs but as this is good news it obviously never gets mentioned.

I cannot make you believe what I say I can only give you my honest opinion and the facts as I know them and then you can make your own mind up. 

Debbiep

 

Debbie

I am bound to ask 3 questions

1 Why would the developer pay multi thousands to build a golf course when the properties are already sold. ?

2 You confirmed that the L.F.O has been granted so have you seen it ?

3 Can my solicitor be sent a copy?

As Tish pointed out it would seem unfair and maybe not legal to push or issue threats no matter how frustrated the developer is ,theymust realise that the situation is not the making of the clients.

I am hopeful that Tish was not intimating that you were issueing R.E.A goss without being confident you felt is true but forgive us but it does sound like many or the sales rubbish that  decide(conned)thousands to buy in the first place .(WE DONT BELEIVE WHAT THE DEVELOPERS SAY

Would be grateful for any confirmed facts as my solicitor who is in Marbella is very cautious to say the least that any of the statements are true and in particular the golf course.

Dan

This message was last edited by Just Dan on 11/28/2007.

The Golf course was not "just revoked" it was stopped/barred...PERIOD. It ain't gonna happen. If it does then a whole lotta people have been conned even more than we thought.  I agree with Dan...why build a golf course now? They are struggling to sell what they've already built. If they have the dosh to build a GC...then why the panic/threats to make people complete?

Debbie, you stated:

the office have also advised that if you go in and see them they can show it to you as long as you are an owner.

If the LFO is in place then why is it the lawyers don't have copies to show their clients as is their right.?

 

Having also received the standard insult letter demanding bills & interest,I'm heading to Marbella on the 14th December & to the notary's office to record my not signing.For the last 3.5 yrs i have patiently & politely tried to come to an amicable agreement with Sifasa.Our proposed purchase of the property was a non runner when promised Golf Course did not materialise.Most correspondence ignored.People that we dealt with now let go.

Are there any other members of this forum that will be in Marbella for the 14th?

Dermot

 

Dermo

Would love to be there but cant get out till Feb

Just a suggestion ? Why not arrange to meet with Debbie and she can show you the L.F.O and show you how near to golf course  the development is and where the Club House is going to be.

Dan

Dan,

Thanks for reply.I'll get in contact with Debbie & hope we can meet when there.

With regard to golf course: were shown location of Clubhouse & various tees & greens in June 2003.The General Site plan at that stage included tees,greens,bunkers etc.Based on that information,decided to go ahead with the biggest financial decision we have ever made.The price of the property was largely due to the promised golf course.Since the day we heard golf course not happening, we have communicated with developer through direct phone contact,email, letters& through solicitors letters.

Like you, I am dubious that the golf course will happen.The letter received requesting bill payment,interest &  signing a title deed on the 14th December has caused further upset.Such communication in the light of years of non written communication from the developer does not inspire any confidence in them.

Dermot

 

Dermo

DITTO, Didnt we all.???  Somehow I have this feeling that the ole bulldozers wont be waiting to start the first hole and the L.F.O will be just a court ruling that it hasnt been declined and should be issued.(hope I am wrong though)will gladly take it on the chin if I am )

I know that this dosent help but the developer is lots better than most ( yep you gotta beleive it) and the development and area are very good indeed.

Regards

Dan

This message was last edited by Just Dan on 12/1/2007.

This message was last edited by Just Dan on 12/1/2007.

Hello,

We bought our property off plan and after arranging the inital payment through a spanish lawyer moved on and got a large english corporate law firm to complete the remainder of the purchase for us. The english lawyer we appointed had practised law in Spain, her father owned properties there and had continued her career in England. The english law firm promoted her heavily as fully understanding the Spanish legal process. When I told her what we were planning to do she was initially very sceptical and advised caution while she checked all the legal processes. I say this because she concluded that the developer was very professional,financially secure, the development was legally sound but had got caught in the mess at the town hall. So we completed without the license in spring 2006 and have thoroughly enjoyed our visits to Santa Maria.

We use our property as a holiday bolthole and do not let it out so we are in a fortunate position but even I was very concerned about completing without the license. My lawyer ( who knows the spanish process, was unconcerned by this as she has always advised that the license would be issued eventually. She was also aware of the mess at the town hall). She even said that her father who lives in Spain has bought property in the past without the license.

If you think about it logically the Spanish economy needs investment like every other in the world. Would they risk the adverse effect on investment in their economy it would have if the mess is not sorted to the benefit of all eventually.

I have been advised now that the license has been issued albeit have no actual proof. I have asked regularly and have always been told they are waiting, so why say they have it now if they have not.If you consider it from the developers position, the only issue stopping Sifasa going after individuals who won't complete was the missing license. If they are now threatening action one has to assume they now have the license.

It is true that the effect on the property prices there will take some years to recover but property is always a long term investment and any return has to be viewed over 5 to 10 years.

I personally don't think the golf course will happen now.

One other view is Disney, why are the Spanish authorities doing so much at Malaga airport, think of the climate over Paris. Paris I understand is the only Disney resort that is underperforming, that won't be lost on hard headed Disney executives. Think of the unrest that France will suffer as Sarkosy tries to get it's economy on track. There is a common view that the Euro Disney Paris resort should have been built in Spain.

For those of you trying to get out of the situation I would suggest you type 'Disney Costa Del Sol' into Google and keep reading.

This message was last edited by pearce on 12/4/2007.

Hi,

I agree with Pearce and Debbie, you have to look at the fundamentals surrounding this development:

Quiet location with superb views, 5-6 mins to the nearest beach,2 golf courses within 5 mins,excellent golf driving range within walking distance (if ur feeling up to it!),and one of the CD.Sols Only Michelin starred restaurants just up the road.In addition to this Elviria is a very well established thriving comunity with just about every facility and convenience you could wish for.

These are the realities people who have bought on SMV should focus on .....sure, it would be nice to have a golf course right on my door step; but there again, if you get in the car there are at least 10 superb courses within a 15 or 20 minute drive of the gates. If/when the course and clubhouse get built, look at it as a bonus.

Having worked in the 'golf industry' for a number years, i was well aware that plans for new courses are NEVER guaranteed to be fulfilled .... too many variables, and therefore i did not base my investment on this, but on the solid fundamentals i mentioned earlier....of course i would rather not have seen what happened to the Marbella town hall happen ......but if all investments worked out 100%, then we would all have 100 foot yachts floating in P.Banus ....right!

I have bought 2 properties on SMV, one of which is a 4 bed penthouse .... if anyone should feel nervous about liscences ,you would think it might be me, However i signed over July 06 (after consultation with my lawyers) and have (apart from the early snagging issues!) enjoyed my many stays at SMV.  As DebbieP says ....have a look at some of the other developments built at a similar time to SMV,if you need to make yourself feel better.

I wish all my SMV neighbours, the very best of luck and a very merry Christmas!

 

Just so that you know the LFO that has been issued at SMV is not the licence as issued by the Town Hall it is a court order that states that it should be considered that the LFO has been granted. One of the major lawyers in Marbella has tried to challenge the ruling in court and lost the case and is now advising his clients to complete on their purchases. However and it is a big however, many of the banks are not accepting the court order at face value - it is currently being checked out by at least 7 bank legal teams that I am aware of. There are still banks advancing mortgage funds but many are still not - no doubt their legal teams have it high on their list of priorities before Christmas to get confirmation as to the stance they will finally take. One of our lender partners gave it the green light last Friday - I have to say they are probably one of the more conservative institutions here in Spain - thus I guess if they say it stacks up then it probably stacks up

And yes I have a copy of the court directive and the administration at SMV say that all lawyers with clients purchasing there have been given a copy of the court directive.

Hi Smiley.


Hope you have a Wonderful Christmas and a Happy New Year, this goes Sincerely to all on this web- site and hopefully next year will be a better on for all, WE REALLY DO HOPE SO.


Regards Debbiep