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Hi,
Sorry everyone I do mean completion 2008. Although the probability is likely to be 2009. Our solicitor told us that the bank guarantee expires 6 months after November so any monies to claim back would need to be done before it expires. Does anyone know if this is true? I will be emailing our Solicitor tomorrow for clarification on all the points raised . Thank you very much for all the replies.
Claire
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Ok, this clears up the confusion about the dates.
The strange thing is that your lawyers signed this provisional contract with the bank guarantees. Why don't they take responsibility for the wrongly worded clause in it? It's their task to check all these things, not yours.
The guy who withdraw from his completion in phase I had no problem at all to get his paymenst back; the only fight was about the initial deposit. In the case of phase I the developer stated that most of the reasons for the delay were not his fault, but still the money came back.
It's even in our definite purchase contracts signed on completion that we don't blame the developer for the delay and will not hold him responsible for damages. My lawyer wanted to sign this stupid provision and I fought for an hour to get it changed. I failed, but took another lawyer (a real one, not a 'real estate lawyer') and he inmediately sent a letter that I didn't agree to this term and that it was not legal to put it into the contract.
I really advise you to ask for a second opinion from proper lawyers as it's seems you are ill advised by the current lawyers who are to blaim for not even checking if the bank guarantees were correctly worded.
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Hi everyone
Has anybody seen a builder recently? We had a call from a morgage broker last week who says ADH have
informed him work has started again. Is this more false information? Like a few of you we are now wanting
to pull out so hoping the delay carries on. Any news gratefully received.
Thanks Tony and Sue
This message was last edited by tonydow on 5/21/2008.
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Hi Phase 3 clients
The problem is currently with the courts not issuing confirmation of its ruling in favour of the developer.Work can not legally commence until this is issued and the courts are on a go slow (union action).
Some PPC contracts are completion Nov 2008 , later ones Feb 2009, I do not see how the developer can comply with these to finish on time but he does have a 3 month grace period over the completion dates. Yes it could take a while to implement the bank guarantees, if you wish to collect on the guarantees I suggest you notify your intention to your lawyers now so they are prepared and can then comply with the terms of the guarantee. The €6000 reservation fee is included in your 30% deposit, developers recieve this not the agents.
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Hi DerekW,
Thans for this informational post. Do you also know what the court case was about?
There are rumours that the regional government is not happy with the location of the building as there seems to be a source of natural water there. The older rumour was there were more apartments built then the license allowed.
B rgds,
Max
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Hi Max,
Block 10 on phase 1 was not on the original plan in fact the original showed a pool where block 10 is,this was a big part of the problem for the habitation licence.
As far as i am aware the problem with Phase 3 lays with the access as Renfe owned the land alongside the railway line and the town hall gave permission for an access road to be put in on land it did not own,hence the back access being made on phase 1.
Regards Derek
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Hi Derek,
I knew about the block 10 adjustment, but I was not aware that the renfe/adif road was hampering the work license for phase III. We recently spoke with the town hall and they fully admitted that this access road was out of the control of the developer so it would be silly to withhold the work permit.
Well we'll keep on wondering what is stalling the final license for phase II and what's the problem with phase III. The ugly rumour that it's part of a conflict between the Andalucian government and the Fuengirola town hall could stall it for a long time as they are run by opposing political parties.
B rgds,
Max
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Hi Derrick,
Have been off line for a couple of weeks and am now catching up on postings to different threads.
On the position of block 10, it was not on the original off plan documents, although was on subsequent plans but was up and built ,when looking at property in the area in December 2005 . On checking with my Lawyer prior to purchase(Independent, no ties to Estate agent or Developer) the property was within the law, and this did not affect the habitation Licence, the main problem was road access. ( correct wording from lawyers letter - access to an official road )
As can be seen in the following notes, also the completion date which should have been.
Ken
Sections from Lawyers correspondence December 2005
SEARCHES:
Land Registry:
We will apply for a nota simple to the Land Register in order to check if the vendor is the legal owner of the plot and if there is any charge that could affect to your property.
The title of the plot is already registered at the Land Registry of Casares, once we have obtained the mentioned document from the Land Register, we will be pleased to inform you about the details.
As we have mentioned you before, we will check the Land Registry before signature of the private purchase contract.
Town Hall:
We have checked in the Town Hall the development of Don Juan in order to obtain the copy of the the Planning Permission, according with the General Urbanistic Plan valid in Fuengirola. We have got the mentioned copy and we can confirm you that everything is on place and according to the Law.
PRIVATE PURCHASE CONTRACT
We give you below a resume of the main terms of the Private Contract of Purchase and Sale:
You buy the property placed at Don Juan, Building 10
- You buy free of charges and encumbrances.
As a guarantee of the payments given by the buyer to the seller, this last one will provide the buyer with an individual bank guarantee. (this guarantee include the total amount that you pay, just in case something was wrong).-
Following the Spanish Law 38/1999, "Ordenación de la Edificación", the vendor has subscribed the obliged insurance in order to guarantee to the buyer against any kind of damages in the construction of the property during the period of ten years.
The seller company will write to us in order to communicate the signing of the Title Deeds of Purchase and Sale.
The date for completion and delivery of the property stated in the contract is approx. November 2006.
This message was last edited by Ken333 on 6/8/2008.
_______________________
www.carvajal-spain.com
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Hi everyone,
We are coming over to Spain on Saturday and have arranged a meeting with our lawyer next Monday so we wondered if anyone can tell us what the latest is on Phase III. We are pretty sure that no work is taking place but if anyone has any news, gossip, rumours - anything that you think could be useful information when we meet with our lawyer next week we would be very grateful indeed.
Also does anyone know of anyone who has successfully got their deposits back on Phase I or II because I believe Phase II must be way past their deadline as the licence hasn't been granted yet - I don't know whether Phase I had any delays.
Anyway any info, anything at all, I'm sure will be most helpful and I will run it all past our lawyer when we meet.
Thanks to you all.
Patsyb
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Hi PatsyB,
I have no new rumours to add to the ones I already posted. (No license etc). I do know that there is at least one person who got his deposit back for an apartment in phase I. I also know that there are people in phase II who wanted to do so. The ones I know off got an offer for a phase I apartment which they took.
I hope your lawyer can inform you properly. Good luck!
Max
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Hi
We have tried to get our deposit back (we are Phase 11) we have been told (by the builders lawyers) that it is the fault of the Town Hall, they are holding it up so we are not entitled to our money back as it is not the builders fault.
Unfortunately our lawyers cannot get any response from the builders lawyers since that last communication. LOS say that our complaint is lodged with the consumers association because the builder has not signed our bank bond - but it will take a long time for them to respond (this is since April 08), they think that we will have the habitation licence bfore the CA make any decision.
Not very good news.
marionjoyce
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Hi Marionjoyce
Sorry to hear about your problems. It's disgusting that this could have happened in the first place. What have your Lawyers said about the Bank Bond (i assume you are talking about the Bank Guarantee) not being signed as surely it was their job to check this was correct before proceeding? We too are with LOS and will be checking this point out with them next week.
Regards
Patsyb
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Hi Rosegreen,
The transfer from a phase II purchase to an apartment is done by the developer. Only after pressing them a lot they seem to offer some sort of deal. I'm not privy to the details of it. Sorry.
To MarionJoyce:
It's amazing that your lawyer took the statement from the developer that it's the town hall's fault at face value. Let them produce evidence or threaten to sue them. This -the hard way- is the only way the developer understand and your lawyer knows that as well. The cases where people got their money back were always after hiring a proper lawyer and start real court proceedings. At the final moment the developer settled; never before.
Good luck,
Max
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Hi All,
We had a successful meeting with our Lawyer whilst over in Spain last month. Without getting too excited we felt more optimistic about the situation regarding getting our desposit back than we have all along. They have already succesfully helped some people in Phase II get their deposits back and said that regardless of all the problems surrounding the developers, Town Hall, Courts etc etc. they will be solely dealing with the Bank that has guaranteed our deposit. So at the end of March 2009 (assuming Phase III has not been completed) they will apply for our deposit back. Also with regard to the Bank Guarantee expiring in June 2009, so long as the case has been lodged previous to that, then it doesn't matter if the date has expired. Once again, anyway else in the same position as us I don't want to raise your expectations too much as this is the Spanish law we are dealing with, but thought I would pass on this information.
Good luck to you all and of course let us know on this thread any news, gossip, information with regard to Phase III - good or bad!!
Patsyb
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If, which is a BIG IF, phase 3 was to restart work on Monday, what sort of timescale can we expect before it is completed. Owners would have to let holiday renters know if construction work was on going. I would expect the exterior to be completed in a couple of months, but we all know how long we waited for phase 1. ( 2 years longer than the completion date I was given ). If true, it looks like Arrohabitage are confident of completing phase 2 in the near future, releasing cashflow to continue work on Phase 3.
Westport
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