Jardine de Palomares

Hi

Do you know if anybody else has got their money back?

Penfold

Hi

I am not aware of anyone else obtaining a full refund.  I was made aware by our solicitor that she was representing 5 other clients from Jardines de Palomares who were originally give a resolution contract from the developer but the developer renaged their promise. 

We were informed in December from a representative of the developer that we can withdraw from the purchase of the apartment but would have to forfeit 25% of our deposit - this is now subsequently been withdrawn - even though it is  disputed that the complex is yet legal - whilst habitation licences have been granted the building licence has been revoked, I am told the developer has appealed against this.

 Sharon

Hi every one who was unlucky enough to buy a property on Jardin de palomaris, i have just came back from Spain after apearing in court trying to get my deposit back, i feel that it ddidnt go to well but cant say too much because it was obviously all said in Spanish, all i can say is i was made to feel like i was the one that was in the wrong for not completing even though the property still has no legal water or electricity. I have been told that i willl still have to wait for another 3 to 4 months for a n answer as to weather i will get my money back, their are another 6 cases to be seen first and then the judge will sum up,Sorry i cant give much more info at the moment but i think the more of us that try andget our Deposits back the more the judge will see that we are being ripped off.

Teide

HI

I am so sorry you are all having to go through the courts to try to get your money back, what a nightmare!

It makes us appreciate how lucky we were!

We are now frightened of buying in Spain and are moving there in Janauary, to rented accomodation, as we dont feel we could trust the Spanish Property market at the moment.

I hope you all get your money back in full & can put the dream that turned into a night mare behind you!

Bye

Jill

Just thought  I'd set the record straight that not everyone that has bought in Jardines is unlucky, as per Colin's comments. 

We bought in October 2006 and have had many wonderful holidays over the last two years.  The complex is beautiful, the builders are great - always willing to sort out any problems (which have all been minor).  We have had electricity and water connections since Spring 2008 and before that had free builders supply.

The best thing about the complex, other than the sun and Spanish lifestyle, is the community.  Many happy people have bought in Jardines, some of whom are residents, and we have all grown close.  There is a true neighbourly spirit which I am proud to be part of.

Any potential buyers should stop worrying and come and join us.  I wonder if the problem is not really the builders or the complex but the falling euro?

Please don't assume/judge that all  those wanting to obtain their deposits back were in it for the money.  We have spent years hoping that all would be resolved and that we too could buy our dream holiday home in Spain to enjoy as you - but not at a cost. 

We appreciate that those that purchased did so early on and were happy to wait for the legal status of the complex to be complete at a later stage  - some of us were not so confident and decided to wait for the legal status to be completed and this is still not the case, despite what the builder might be stating - buying a property is a big commitment, I certainly would not buy a property in the UK in a similar situation as Jardines is still currently in - so why will I do it in Spain!

I can assure you if the complex was fully legal with no Court issues pending then I would have been the first in the queue to have signed on the dotted line!

We too, are, like Colin, waiting in line for our cases to be heard.   We would have signed long ago, like you Sarah, had our solicitor not advised otherwise.  I do realise that different solicitors in Spain seem to give different advice, but having retained ours it seemed foolhardy not to heed their advice.  I am not sure where luck comes into it.  Completed or not, some of the purchasers may have had the benefit of some lovely holdiays, and for that I am well jealous, but we are all surely in the same boat waiting for the same legal documentation.

I already own a property in Spain.  Whether you mortgage or not, your Title Deeds are available for collection within a few weeks of signing.  It is different to the UK.  These documents are still not available to any purchasers on Jardines simply because they do not yet exist.  Without title deeds, none of the apartments on Jardines can be sold, should any purchaser need to.

It is therefore in all of our interests to follow the dozen or so cases currently going through the courts, because, ultimately, it is these that will decide whether Casa Residencial get their licence from the Junta, and make the complex legal, or whether they have to refund all of us. Thank you, Colin, for keeping us updated on your situation.  We have lodged Court papers but have yet to be given a date.  I know of several others who have their case dates in March 09.

Lets just hope that CR don't become another casualty in the meantime.  I hear the solicitor Aldea has just closed up.

K

Dear All

Now I'm really confused - we have been told everything is legal.  We received our title deeds in 2007.  As you say, the conflicting advice we have been given is worrying!

Hi all. It is vital that you do not buy a property without the habitation certificate as the property is not legal without it. There is a thread here on general forums about this if in doubt. I have seen too many people fall into this trap. Make sure that you receive INDEPENDANT legal advice, and not recommended by lawyer/agent.

We Live in number 15 Jardines and we have had our title deeds for approx nine months, my brother who lives in number 17 also has his. Mave

We Live in number 15 Jardines and we have had our title deeds for approx nine months, my brother who lives in number 17 also has his. Mave

we are looking to rent long term in palomares, can anybody help?

We had our day in Court on 5th May - we waited over 2 years since the filing of court proceedings and then we were only given 6 days notice of the date. 

Despite the fact that I do speak some Spanish, I did find it difficult to follow the proceedings as they all talk so fast and argue over each other!

To put everyone's mind at rest.  The licences were originally issued in Jan/Feb 2007, so those who completed then signed with licences.  The licences were then revoked following the problems with the Junta de Andalucia (crooked mayor) and the constructor had to re-apply for them.  So some people completed with licences, which were then revoked, and those of us slow to get to Spain were advised by our solicitors not to complete.  This problem has been well documented both in Spain and the UK as some 2000 properties were affected in the Palomares/Albox area.  Some properties were not granted licences retrospectively and were demolished (famous case is the poor Prior's of Albox).

For Jardines de Palomares, the licences were re-issued in October 2009 (after a few minor modifications to the wall of the site), so the complex is now legal meaning that all the properties can be bought and sold legally.  A huge relief to everyone.

We cancelled our contract in June 2007 on our solicitor's advice and it was on that fact that our case was presented.  Casa Residencial's case was based on the fact that we waited from initial completion date of Oct 2006 until June 2007 to cancel and they felt we did this because of the economic situation.  However, as we all know this did not really hit until the Autumn of 2008.  I sincerely hope our Barrister argued this point successfully.  Like Colin we have to wait up to 5 months for the hearing result.

I know of a couple of others who are seeing their cases through so it would be interesting if we all started posting on here because, so far, it seems things are weighted against the buyer especially now the licences are back in place.

Incidentally, we were never issued with a bank guarantee after the builder failed to complete in October 2006, which is against Spanish Law but our solicitor feels this wouldn't stand up in Court!  Hard to know who to trust!

We were planning to purchase no 72 . . .

Any news on the site? Court rulings, money back? What are the residents experiencing? Are the services there such as rubbish collecting, street cleaning, lights on etc? Are there properties still unsold or now for sale?

Well we had our day in Court just over a year ago . . . .and nothing to change the status quo was decided although we have been told there will be another hearing relevant to Jardines in 2012 and we have to wait for that.  We refused an out-of-court settlement.

Anyone local know if the complex was damaged in the recent earthquake?  It was looking pretty rough last time we drove past.

Any news about the site? Is it being looked after? What about the surrounding area?

Any news about the site? Is it being looked after? What about the surrounding area?

Hi everyone

We were out there in August and had a lovely holiday on a neighbouring site.  We did do a brief 'drive by' Jardines.  The whole area was extremely quiet.  The apartment we were hoping to buy (no 72) had extremely large cracks all round it where the sun terrace wall met the floor of the terrace.  We were not able to see into the complex apart from to boost our teenager onto the wall, but she said it was deserted within - no one in the pool (which she said looked lovely).

Palomares itself hasn't changed much.  The panaderia was busy, and we found a new department type store just out of town on the Desert Springs road.  This has probably been there for years but we have never been up there.

We stayed in another apartment in Vera Playa, just up from Consum.  The small site of Al Andalus Hills was really busy with friendly families and we had a great holiday.  Despite the economic problem Spain is suffering, we were surprised at the vibrancy of the bars in the area near the Vera Hotel and understand from Spanish friends that the black economy is thriving during the tourist season.

Still waiting for an outcome to the court case of May 2010, but we have ascertained that no bank guarantee was ever issued, which is contrary to Spanish law.

Anyone who owns and uses an apartment on Jardines - would love to know how the site is working and what community charge you are currently paying.

Thank you

Any update regarding the site or legal proceedings. Are there any properties for sale?