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18 Oct 2006 12:00 AM by bigrocks Star rating. 17 forum posts Send private message

We have been given 7 days notice to complete including a demand for 850 euro to pay directly to the developer for 6 months community charge !! And know I find the pools are closed!!!! 

Has anyone had the same demands.

We produced a snagging list in Aug and have been chasing it ever since then out of the blue we are told we must complete within a week even though snagging not completed. Absolute liberty !!!!!!!! 



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20 Oct 2006 1:02 AM by HURRICANE Star rating in Essex. 10 forum posts Send private message

Hi Bigrocks

We are also about to complete but have not yet been asked to send Interscum the 850 euros. We maybe legally  obliged to send it, in which case we cannot argue the case but otherwise we maybe able to start our own comunity and get a decent honest firm to do it for us?

We need to check this out with our all knowing solicitors!

All the best Hurricane

 



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20 Oct 2006 10:21 AM by cab Star rating. 15 forum posts Send private message

My understanding from other developments is that it is the developers responsibility to  appointment someone else like an indpendent solicitor or company that runs developments to run the community assoc until all apts are sold

 

Then we form a committee and decide to keep them or appoint our own elect our own people and make our own rules within reason to apply to Spanish law ie how much cleaning and security we would like!

 

Maybe we can check this with lawyers



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20 Oct 2006 3:19 PM by nbk8r17 Star rating. 35 forum posts Send private message

If you have defects outstanding, then my advice is DO NOT complete. We have received 4 threating E-mails from Interlaken's legal team concerning the completion process i.e. Clause 2of contract will mean the developer will cancel the contract and the purchaser will lose their deposit.

We advised our solicitor on each occassion that we were not prepared to complete due to outstanding defects, we kept everyone updated via e-mail as to the reasons why.....etc....... we documented via e-mail every conversation we had with our solicitor, in case Interlaken actually cancelled our contract........ We figured that if we acted in a reasonable manner then we had to be protected by either Spanish or European law........... you may wish to investigate with your solicitor the information below

Under the Spanish Rights Law 176 of 24th July 1984, you are protected against the use of any clause/s in the signed contract, which forces the consumer to agree a sale with out having received in the consumers view a satisfactory product.



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27 Nov 2006 7:18 PM by Murphy Star rating. 6 forum posts Send private message

I can see exactly the same thing happening to us on block 26. When are you due to complete and what sort of items were outstanding? were they just snaggs or were they items which were incomplete affecting reasonable occupation.


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28 Nov 2006 11:21 AM by nbk8r17 Star rating. 35 forum posts Send private message

We had some defects which could not have been rectified if the apartment had been furnished..... ceiling issue in bedroom...... but most were minor defects we completed at the begining of November


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28 Nov 2006 1:49 PM by gill_malouf Star rating in Stockport, Cheshire. 201 forum posts Send private message

Hi

 

I suggest that we all get together and start legal action. It appears that Interlaken sold the development on to Ocean View SL aka MLH so I do not understand why Interlaken are dealing direct with purchasers.

 

I know that the bank guarantee does not cover all of our deposits anyway (at least with El Monte Bank!)

I propose that as a starter we place stories in the Sunday Times and SUR in the Costa del Sol. Hopefully we can then get most purchasers to join us in any legal case. Did others know about the floods.....I had been told by MLH that the delay was purely due to the quarry strike...their solicitors now say that in addition there were floods....that must be where the green comes from on the base level to app 18 ins on some block walls.

 

PLEASE ALL WRITE TO THE OFFICE OF FAIR TRADE IN THE UK...the completions are being handled from the UK..........it is the cheapest way to deal with things within the UK!!!! 



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