lisa stych-waterlily1975

We have just received this letter from our solicitors.  Has anyone received anything similar?

Dear customer, with this letter I would like to inform you on the current status of Hacienda Casares.

As legal adviser,

During November and December, we have had several meetings with the promoter because of the long delay that accumulates the completion of this promotion, and also with Casares´s City Council to find out the status of this promotion.
Currently we have almost the entire documentation legally required to prepare the Deeds and we are

 

At the same time customers who bought in Phase 1 and 2 of this promotion, are doing their inspection visits to their apartments to draft a list of the failures of construction that may have. The intention of the promoter is to arrange these works before signing the deeds of purchase.

Our company, Abasol 2000, as buyers´s legal representatives, accompanying clients on their visits, and as a conclusion that the results we obtained after visits turned to the building site are as follows:

First: Since developers started construction until now has been a long time. It is a reality that this development accumulates a long delay.

Secondly: In what most customers are concerned about is that the gardens are not yet made, but the promoter said that going to do shortly. Also pending are building all sports facilities and swimming pools. At the beginning Aifos sold this complex including sports facilities and swimming pools but at the moment , Aifos informed us that they will not build these areas. The company are in negociations with other developer (Evemarina) belonging to "Doña Julia Urbanisation" in order finally that company will be in charge to build these facilities for all the owners.

 

Moreover currently Aifos has many financial problems,and the main one is that it has no liquidity.

- Problems with some municipalities due to Aifos has exceeded

- Aifos can not refund on cancellation of contracts

- Problems with the Spanish justice system
- Debts with Treasury ...

With all the above background, please take into consideration the following legal options you have:

 

First

This is the way it should be done and that reflects our law.

It has all the advantages (the owner can

 

Secondly:

The municipality has turned the visit of work and it has required developers to submit documents and terminating some outstanding works, especially in the external areas.

According to Spanish law you only have to be called to sign the purchase of the house only when it granted the license of first occupancy.

If we expect until to receive the license, meanwhile if something happens with the company, then you should put in an official list and to sue the company in order to have your house in your own name. Yet there is no guarantee of obtaining possession of your house.
Banco Pastor, who has given the loan to the promoter, and Aifos would sign without first occupancy license.

It has many disadvantages signing without a license, but the main advantage is that you will be the owner of the house.

 

Thirdly:

Fourth:

 

In conclusion I would like you to read all this information and be aware of the real situation.

The final decision should be taken by the customer, and we as lawyers will be here to ensure their legal interests, and respect whatever your determination. 

Awaiting your response.

 

Yours sincerely,

 

Abasol 2000,S.L.

Antonia Berrocal

Solicitor

At the same time I would like you to make a decision between those options that we have offered to know your position.
I need to know about that as soon as possible in order to proceed or not to prepare for the conclusion of deeds of purchase.
to swap to another property already built and in a completed complex. With this option, the advantage is that you can sign the Deeds soon and make sure your investment, and the disadvantage is that when you change, you normally have to pay for the difference in money exchange because the new apartment is more expensive .: Signing the Deed of purchase once it is granted the license of first occupancy. we have been researching Aifos, the promoter of the development of Hacienda Casares, where you bought. The company has to solve several problems such as:   engage the services of water and electricity with companies). The only disadvantage is that we have to wait for Aifos finished work and in the meantime we do not know what may happen to their financial situation. sign the Deed of his property without a first occupancy license. The license is already applied for and may be granted soon, it depends on Aifos comply with the legal requirements by the City Council.  A final option is to sue the promoter by the breaches, but this option is best taken once we have signed the deeds of purchase, not before, because if we do now, then the property would be blocked during of the proceedings and you it could be for two or three years even waiting until the judge orders the sentence. Demand suppose expenses for you and waiting time, so it is better afterwards.the area of the construction and therefore have to pay fines.waiting for Aifos complete the remaining works on urbanization to get the first occupation license.

got to see these solicitors where are they based

 

MAIN OFFICE: Abasol 2000 S.L., Avda. Finlandia, 35, Fuengirola (Málaga). Tel. 0034 952 47 47 56 - Fax. 0034 952 66 14 09

Antonia Berrocal

thank you will have a drive up next week

Yup. Got the same letter Jan.

Hi David,

Have you decided which option you are going to take?

 

guys

 

my missus spoke to our agent thursday he  said Aifos in trouble over the malaya affair in spain and have a lot of fines to pay but his cousin has also bought there as well. i think he has bought next door to me in azalea. he said they will more than likely get the habitation licenses very soon they will probably get somebody in to do the the gardens and re-pay them when they ge cash in from the people who have to pay the remainder owed on their houses. as for the amenities they will be done by another company(how long we will have to wait is unknown maybe we build our own) he said the banks know that all but about 10 or so houses have been sold and wont want the hassle of messing around with solicitors and going through the courts etc when the project is near to completion

but we wait with baited breath

Jan

No i havent. Not 3 choices I am particulaly keen on!

I bought mine thru BMS so I intend to ask them for more advice. Did you use an agent to buy yours?

 

 

It seems the general thread is that Aifos may not complete the apartments as expected - I see only 2 real solutions -

1. Switch to another development

2. Take a risk and hope they complete but lose your £50,000 deposit if they dont

Does anyone else see it any other way??

I honestly believe that we are very close to completion now, there are men working on the site, putting in security gates and generally clearing up, although the land-scaping does need attending to and the pools (I believe) will not get forseeable attention, but on the up-side the street lamps are there now and the roads tarmaced plus the loose wiring seems to have been attended to.  We were there last weekend and drove around the site, it is really not looking quite so bleak as I imagined.  We went into the office there and was assured that the first occupancy will take place in 2/3 months time.  I know we have heard it all before, but truthfully I think we just need to have a little more patience and not panic.

How can there be an upside to this situation , you must be very easily pleased. Read your brosure from when you purchased the property you are entiteled to what you paid for. There are various sales tactics at play and always has  been. The contractor can not loose out. Swap to another project and pay for the privilege or forfeit your facilities with no recompence, the contractor wins botht ways. 

If you swap the contractor resales your property at a premium to an exsisting buyer from another project  that they have defaulted on, they win again.

The project is overdue and lacking any recriational facilities therefore is of no use to families, the letting  or the resale market. 

There could also be a problem with the product  guarantee, if we complete and the company goes into administration we will have no recourse.

So few post for the people that should know what is going on....................................does it mean now that the final blocks will not be built on which deposits were paid.never mind the pool etc and what contractor would put these in in the hope of getting money from AIFOS

Has anyone hear that the last phase and pools will not now be built !!!!!

 

Heard on news that a builder went bust in Spain,was it AIFOS ?

 

No I am not very easily pleased, I am just a realist.  If we cannot achieve all that we were promised at the start, then we must be practical and strieve to get the best we can from the site in another way. I do not think anything is achieved by 'mud-slinging' at a persons comments, we are all entitled to an opinion, and perhaps some people are over reacting and causing a lot of unnecessary alarm.  I just feel at this stage that too many negetive comments are being made and I am only attempting to put a positive side to this awful situation that we are ALL in.

No it was Inmobilaria Colonial

I was talking to a friend of mine the other day, his father is having the same problem as us, he purchased further up the coast towards puerto banus, he's going to get me the name of the developer etc  he said it was not aifos though,  they are trying to get him to complete with no pools or facilites etc as was in the original contract, it could be a common trick amongst spanish developers to shake the tree and grab the apts back to sell on at premiums as some of believe anyway or rent out as they are offering guaranteed rental for x amount of years to original purchasers.  I intend to move to golf hills in estepona at present as i just want something i can use and i cant get my head round hundreds of people agreeing on how to finish the facilites etc if this is the way we have to go but will keep my eye on the situation over the next few weeks to see what  turn  this saga takes next, though i am totally pissed off i could still be shocked and grass, pools and tennis courts suddenly appear resembling a biblical event like moses parting the seas. if anybody heres of such an event do not hesitate to let everyone know

There is no doubt that AIFOS is the villain of the piece in this fiasco but I think we are wasting our time venting our displeasure at them. AIFOS are not worried - its not their money thats tied up in the project - its the Banks!!!
What we should be doing is targeting the Banks -Banco Pastor and Banco Andulacia - telling them we will not complete or take out mortgages unless they see to it that AIFOS fulfills its contract on the site. Lets see what happens then. They can leverage more pressure than we ever can.

I agree with you suggestion,that probably is the only way forward but how do we get everybody on board?, we tried to start a committee but only a handfull of people responded.

I take your point about lack of enthusiasm in forming a Committee. However, in my opinion it would be difficult to run a Committee at distance. In relation to my point about putting pressure on the Banks I would suggest you could proceed along the following lines:

1 Find out which Bank is holding the mortgage on the Block in which you are interested.

2. You, or your solicitor, write to that Bank informing them that in the near future you will be asked to complete on the property and take over the mortgage.

3 Tell the Bank that you have learned that the developer -AIFOS - has indicated that they will not now be building the sporting infrastructure as laid out in their specification yet which is still being described in detail on their website.

4. Tell the Bank, that while you would be delighted to be in a position to finalise the purchase, you feel unable to do so until either all the facilities are in place, or a cast iron guarantee is given by AIFOS and underwritten by the Bank(s) that the complex will be finished to specification and within a given reasonable timeframe. (I would be suggesting 12 months at max.)

The more people who take this approach, will, in my view, force the Banks to have a good look at the project and if they think their investmnent is in jeopardy I think we might see a liitle more action at Hacienda Caasares.

It goes without saying though, that if only a few people adopt this approach, the banks will probably consider them as cranks. Unless there is a reasonably large scale participation in this course of action I doubt it will work. Maybe the Estate Agents who were involved in the promotion of this property could galvanise their individual clients into taking this, or some similar course of action. Ater all, they can't be too happy with the way AIFOS are behaving, since it must reflect on their business reputations. Perhaps Tim Watts or Juan Emilio Rossi, if they read this, would give us the benefit of their opinions. They are a lot closer to the ground in these matters than we.

In any event this is the course of action I will be taking initially.

  

Hi Does anyone know about the blocks that have not been built ...................if AIFOS say they are not building pools does it mean that the last blocks will not also be built.