Hi....new on EOS and need ideas

Hi Ezzor
I believe that Roda  have 18 months from the day they get the phase 4 building licence which is what Roda are waiting for from the Town Hall. Hopefully we will be informed of that licence date then we can keep a check on build time. It wasn't explained to us when we paid our deposits as it seems it was not explained to anyone.  We thought that it was 18 months from the day we paid our first deposit. All I can say is that this seems to be a common issue over Spain as a whole and not entirely Rodas fault.
 

Thanks whittle I have just read tony2 's letter about employing a seperate solicitor to get some answers I am also putting pressure on my solicitor and roda too. My concern is just how long they will wait until they get permission one month two months a year two years how long, the money they have of mine could be working for me over here in the meantime.If we would have known that permission hadn't have been granted for the licenses we wouldn't have purchased and that is the fault of roda.

ezzor

Hi
I know. I think our lawyers over there should have explained before we signed the contract. We also would not have paid out so much money if we had been aware. I wish we could get it back. We can't even sell the contract on as ours is not an investors contract. We were not made aware of this either.  I know that it is going to be a fabulous resort but I would rather have our money back at the moment.

 

Hi Phase 4

 I don’t think there can be a single person on phases 1, 2 and 3/3B that does not feel for your plight. We thought it was bad when we were a few months late on phase 1, but to not even know when your build will start and then have to wait 18 months must be hell.

I know I am stating the obvious but Roda Golf have obtained your money by false pretences. Last time I was over I was chatting with a guy who had even borrowed a chunk money to add to his nest egg for the deposit, so apart from not earning interest on his money he is paying interest as well..............how nuts is that. 
They say that money talks, so why don’t you get together and hirer a specialist lawyer. From this thread it would seem that a lot of you are getting your own lawyers to look into it and from my experience getting someone in who knows every aspect of a particular field of law will always pay in the long run. I know this is easier said than done but I feel so sorry and helpless for you all that I just wanted to add my thoughts.

Good Luck to you all

Laura

      

Thanks for your thoughts Laura. 

message for Tony2;

Have you had any luck with your new solicitors?

ezzor

It's interesting to hear about the phase 4 problems. We have had exactly the same ssues with a phase 3 apartment.
We 'signed up' in Feb 06 for a phase 3 ground floor 2 bed 2 bath apartment and were told it would be summer 2007.
We only found out over a year later and having paid 100.000 Euros that the building licence was not granted until Feb 07!! All this time we were not informed of anything apart from requests for phase payments.
After over a year of trying to find out what is going on we have handed everything to our solicitor and are going for litigation for mis-selling. Funny thing is we have just received a letter saying it is nearly ready!! We visited in April and were given a load of flannel by customer relations which has totally put us off. I am going for the return of money plus compensation, I don't care how long it takes.
I even offered Roda to 'buy back' the contract at a discount and had some bizarre offers instead.....
My advice, hand everything over to a good Spanish lawyer, they will soon get the message.
It's very disappointing, we were really looking forward to getting the apartment, but the service we have received is appalling at best. If anyone wants a nearly finished apartment for a reasonable cost, rady in September. Let me know.
Steve

Hi Whatman

im intriged to know what the bizarre offers were, im buying at corvera and are in the same boat as you, i signed up in sept 05 on phase 2
building licences for phase 1 and two only recently granted, at least you have a golf course to use, looks like spring of 2010 before golf course at corvera will be ready to play.

what chance do you think you will get your deposits back, i know of others who have tried and failed, i to have thought about pulling out, but i dont know if i could cope with all the hassle that would follow.

i hope you are sucsesfull at getting your money back, it would be nice if you could keep us informed on how it goes.

perce

Hi perce and whatman

I too would like to know what the bizzare offers were.... And what the reasons they give for not giving your money back I thought I was hard done to bought on roda in april 2007 god if I got to wait as long as you could be 2012 before we get the apartment..... Like you say could be opening a box of worms the spanish are a law unto themselves. Has anyone got a copy of the contract how long do they get before they have to return our money surley it isn't an indefinate amount of time.

ezzor

 

We were offered another apartment in a phase we didn't want for the same price or a penthouse for 50k Euros more.! Shame really, we were really looking forward to this but the whole episode from the day we signed up has left a bitter taste in the mouth.
Roda just don't seem to think they are doing or have done anything wrong....
Our visit in April to see what is going on was a joke. We were treated very poorly, shown apartments that bore no resemblance to what we were having built, shown phase 3B from miles away and the golf club house.
Everything is with our solicitor now, so we just wait and wait and ......
At least Roda can't do anything with apartment even if it is (supposedly) ready(ish) as long as we are in litigation.
For anyone tring to PM me, I have tried 5 times to activate the servie and nothing as yet. Am I doing something wrong????
Ciao
Whatman

i am somewhat  confused regarding the payment schedule for phase 4 apartments , we paid the instalment in july 2007 this instalment was due when construction started yet it is now august 2008 and no building licences have been granted ? .
does anybody have any idea if this constitutes a breach of contract ?  i am considering consulting another lawyer out of the area who appears to be having some success in getting deposits refunded , is anybody else in the same situation ? it may be worth getting together with the same lawyer to challenge roda on this issue .
whilst i appreciate this this thread may be unpopular  it is not intended to be contencious , however the fact remains roda we paid an instalment in 2007 which was due at the start of construction and to the best of my knowledge as of today they still do not have building licences , i feel very strongly that we have been at the very least misled in this situation and intend to persue the matter legally .
regards  searay

Searay

Your solicitor should have informed you not to part with any monies until all the licences where in place so I think your first port of call lies there

Regards

Wangy

Ive just been on the phone with my laywer and he has been onto roda this morning and the same reply that the town hall is has not issued the licensce yet!!! I then had a good conversation with him about the hole situtation,My bank gurantee is up in september so he has said we will look for a renewal neet week and if the bank are not able to give it given the present credit crunch well then he says thats a sign that all is not as it seems with the calidonas finances.He also said that without the licences in place since the contracts have been signed there is no reason why we cant get all our money back and thats why he will start legal action before the end of the bank gurantee if the bank havenot given us a new one

Erinzak - Which lawyer are you using?

Erinzak - Apologies i meant to say which lawyer are you using please?

To all interested parties who have purchased property on phase 4. My lawyer has given me the same information as everyone else seems to have got, namley that we have signed contracts, which allow Roda 18 months to build from the date the license is granted. I have once again spelt it out to my lawyer that I need a vaild reason why this licence has not been granted as yet. I purchased in October 2006 and was told that the apartment would be ready by April 2008 on that basis I have parted with over 177,000 euro.

The last contact I had directly with Roda was in March when they informed me that my property would now be ready September 2009!!, needless to say my wife and I are devastated. I have already made the comments that I believe Roda are in breach of contract by miss-selling, I also believe that they my well have financial problems, which again I have asked my lawyer to look into if this is the case then all of us who have been issued with a Roda bank guarantee my well have a big problem in the near future. 

I would be happy to join forces with other parties to challenge Roda as it does appear that they are unwilling to answer the most important of questions, when will you start to build phase 4.

Tony2

I have had the same issues with phase 3. We signed up in early Feb 06 for an apartment that we were told was to be completed in Sep 07. It was only having paid the first 2 instalments plus deposit for upgraded a/c that I found out in mid 2007 that the building licence was not signed until early Feb 07 (one year after we first signed up). I have a signed piece of paper from the agent at the time stating the aprtment would be ready in summer 2007 and my lawyer has a fax from Roda stating the same.
Despite all this Roda do not see that they have done anything wrong. The communication from Roda has been bad throughout. I also see this as mis selling, notwithstanding the 'legal requirement' of Roda to complete within 18 months of the licence being granted. At no time at all were we informed that we were being sold an apartment which did not have a building licence, or any idea of when would be granted.
If at the time we were told these facts, there would be no way we would have parted with money for a possible apartment at a possible date in the future.
I am persuing litigation against Roda. All of the paperwork is with my solicitor and the papers have been presented to Roda. We are not sure how long this will take but it is a clear case of mis-selling. Even though my apartment is now 'ready' we are going ahead with litigation. I am sure this will drag on, but all the time this process is going on Roda cannot complete on this sale.
If we had been correctly informed of the process in the beginning we wouldn't be where we are now.
Whatman

As I understand a bank gurantee is: Our money being lodged with a bank to which the developer can draw upon as he needs to pay for materials ? Am I right? surley when that bank gurantee is up the monies should be returned to us caladonia should not have access to that money until licenses have been granted I have only made one payment of 27k Caladnoia have said I dont need to make any other payments until the end of the year so they are obviously not expecting iicenses soon . Just hoping Erinzak solicitor gets his money back once a president is set we all should do. Has anyone questioned MRI in this whole shibang?

Has anyone got any news???????

I'm afraid to say that, as of Wednesday 13th, no licence has yet been granted despite the Town Hall having all the relevant documentation. However, we were told that the builders are ready to start as soon as it is granted - they are currently finishing off the Phase 4 villas.