I do hope Mr O Leary of ryanair doesn't read this

Expatica - Health
Post reply   Start new thread
New - Old :: Old - New

Pages: Previous | 1 | 2 |

Gardens Of Manilva Country Club forum threads
The Comments
15 Feb 2008 10:22 PM by helsmc Star rating. 52 forum posts Send private message

The snagging system is very different in Spain than it is when you buy from a developer in the UK - this may be where the confusion has arisen.

The following is a website extract from a company specialising in snagging and completion in Spain.  In the first paragraph it explains the tight deadlines required in Spain to report snagging issues.  If issues are reported after 15 days the developer has ONE YEAR to correct the work.  I've said it before and here I am saying it again.....understand this is not the UK, there are different regulations, do your homework and proceed with the same caution you would in the UK. 

DAN - Anyone who parts with money anywhere in the world on a new build property, without snagging being rectified, can only expect the remedial work to be low on the list of priorities for the developer.

Inspection reports:

In Spain all snagging lists must be submitted to the developer within 15 days from the signing of the Escritura (Deeds). This is an important factor as it can prove very difficult in some cases outside of this timeframe. As always, complete your snagging and remediation works prior to completion to avoid these pitfalls and aggravation.

Warranties:

Legally, your developer is responsible for any major defect for the first 10 years after completion following an amendment to Spanish Building Standards legislation (Ley 38/1999 de 5 de noviembre sobre la Ordenación de la Edificación) on 6th May 2000. Beforehand it was a civil law matter as the developer was not legally bound to the 15 year warranty ‘responsibility’ and any disputes would be settled in a court of law.

Unfortunately this isn’t quite as straight forward as it sounds. This warranty will only cover you for any major defect which could potentially endanger your health and safety.

This insurance policy will be presented to the Notary by your developer upon completion and your personal reference number and details will be added to the Escritura.

Thereafter, it is common for all new build properties to have an insurance policy covering all minor defects for the first year and all serious defects effecting habitability (utilities for example) for 3 years after completion. These are not compulsory obligations so we strongly recommend you check your developer's policy to make sure it meets these standard statutory requirements before completion.

Retention:

It is possible to request a retention amount relating to the final payment of your property as a safeguard against the works due to be completed; this would typically be 5% over a three month remediation period.

However, we would always recommend our clients to have all remediation works completed BEFORE completion, it’s incredible how quickly your property will be finished this way.




Like 0

Spam post or Abuse? Please let us know

16 Feb 2008 9:18 AM by ang Star rating. 14 forum posts Send private message

Thank you very much Helsmc.    What a good , informative , objective posting, any more of that would be extremely helpful. 


Like 0

Spam post or Abuse? Please let us know

16 Feb 2008 10:06 AM by Just Dan Star rating. 440 forum posts Send private message

 

Helen

DAN - Anyone who parts with money anywhere in the world on a new build property, without snagging being rectified, can only expect the remedial work to be low on the list of priorities for the developer.

LOW  How low do you want to go?  Never completed on a property anywhere without snagging first that way you wouldnt  run the risk of having no kitchen,air con,furniture that you PAID for.

As Ang says .  Very imformative however rather late for most O.V.P  clients dont you think.

Ang  . Here is another objective posting .MAKE SURE YOU DONT COMPLETE WITHOUT SNAGGING FIRST, Any good solicitor will advise you of that.

Dan 




Like 0

Spam post or Abuse? Please let us know

16 Feb 2008 5:46 PM by Ginger C Star rating. 1 forum posts Send private message

Helen, Great post huge amount of useful info. I/we really appreciate it.


Like 0

Spam post or Abuse? Please let us know

17 Feb 2008 10:16 AM by helsmc Star rating. 52 forum posts Send private message

Just Dan,

I'm sorry but I haven't got a clue what you're going on about.  I can't work out if you completed on a property without snagging - I can't understand your post.  I also don't know whether your post is sarcastic or not - all very confusing.

 You say my post is 'Rather late for most OVP clients'........do you think I'm being paid by people to advise them on how they should complete on their purchases???  I'm not a solicitor, thats what your solicitor gets paid for.  I have bought on this development so my post is relevant to people who are at the same stage as me in the buying process.  Have you bought on this development?  Have you bought on another ovp development?  If so I'm sure there is a forum for your development too.

Its not just OVP clients that complete withour snagging - it happens every day on developments all over the world.  Including the UK.  People seem to forget that OVP are just the equivalant of an estate agent - they don't build the properties, their interest is the same as any other estate agent - they just want to sell them.  Would you expect Halifax Estate Agents to snag your new build Barratt Home? (or give you legal advice, or fix your new kitchen etc etc etc)

If you haven't got anything constructive to say - it might be best to stay quiet.

Helen




Like 0

Spam post or Abuse? Please let us know

17 Feb 2008 10:33 AM by ang Star rating. 14 forum posts Send private message

Hi Helen,  hear hear!!!


Like 0

Spam post or Abuse? Please let us know

17 Feb 2008 11:04 AM by wilma Star rating. 41 forum posts Send private message

To Ang, Helen, Ginger C,

This is helpful info from the General Forum from a spanish solicitor who posts on EOS

'I would seriously consider instructing your lawyer to register a legal charge on your property. In the event that the developer does go bust you would be listed as a preferential creditor.'


This is very good advice, as with the Rocas site where the deveopler has now run out of money. Buyers have completed or being asked to complete & the site is not going to be finished. Where does that leave them..? The buyers on Manilva Beach have completed some tiime ago & still no snagging, aircon, funiture etc even though it has been paid for.. Many of us need all this to be completed so we can rent the properties out so to cover the mortgage payments. We can not rely on O-P to help as past history shows this. We cannot afford to believe everything they say. We know that they are now moving away from Costa Del Sol by asking buyers to transfer to Morocco..SO BEWARE...



Like 0

Spam post or Abuse? Please let us know

17 Feb 2008 11:12 AM by helsmc Star rating. 52 forum posts Send private message

Thank you for that helpful, constructive advice Wilma, I will ask my solicitor about this option.


Like 0

Spam post or Abuse? Please let us know

17 Feb 2008 11:26 AM by wilma Star rating. 41 forum posts Send private message

I hope that you have your own independant solicitor & not one recommened by OV.!!


Like 0

Spam post or Abuse? Please let us know

17 Feb 2008 11:27 AM by helsmc Star rating. 52 forum posts Send private message

17 Feb 2008 12:56 PM by Just Dan Star rating. 440 forum posts Send private message

 

Helen

I have purchased and sold on developments I have sold on many other developments.

You have completed on this development and I would question your solicitors advice and its also remarkable that you have posted that you agree that O.-.P portrayed themselves as simply estate agents.

 

" Its not just O V P clients that complete withour snagging - it happens every day on developments all over the world.  Including the UK.  People seem to forget that OVP are just the equivalant of an estate agent - they don't build the properties, their interest is the same as any other estate agent - they just want to sell them.  Would you expect Halifax Estate Agents to snag your new build Barratt Home? (or give you legal advice, or fix your new kitchen etc etc etc)"

 

Now this either shows someone very naive or one of the pack. Do you have you Air Con.Furniture Package.Habitation Licence.Bank Guarantee.Ammenties Promised.Planning.

Now is there anything you dont understand about this posting.

Dan

 





.

This message was last edited by Just Dan on 2/17/2008.


Like 0

Spam post or Abuse? Please let us know

17 Feb 2008 1:39 PM by helsmc Star rating. 52 forum posts Send private message

Dan,

1. If you knew anything about this development you would know that NO-ONE has completed on it.

2. OVP never once claimed to me that they were the developers/builders.  They have never claimed this in any of their literature, that I have seen, either.  I am speaking from my own experience here - if you have experienced something different that is for you to take up with the relevant people.  The only negative thing I would say about OVP is that their communication with clients is non-existant, which is definitely not acceptable.

3.  The things you list are mostly not applicable to us on this development until we are ready to complete - which shows me how little you know about this development.  I mean, why would anyone buy a furniture pack at this stage in the process! 

The only thing I don't understand is what you are doing here - I've never seen you post anything constructive.  And you still haven't said if you've even bought through OVP - it seems to be all smoke and mirrors with you.

Helen




Like 0

Spam post or Abuse? Please let us know

17 Feb 2008 8:16 PM by Just Dan Star rating. 440 forum posts Send private message

 

Helen

Your postings appear to represent someone who has completed on a development ,if not then take stock.If not your postings then are from someone that clearly  needs advice from someone that has experience or  there is some other reason you are trying to defend those that have ruined lives.

Take the time to account what we are saying you will possibly complete with all of the legals in place,furntiture package(no forget the furniture package),air con without getting ripped off like the rest of the poor souls

Ignore and join the queue of those with massive problems

You say that I am not posting anything constructive and suggest this is the most constructive postings you will ever see as you are clearly out of you depth.

I am not your problem and you have no reason to take your frustrations out on me,you have a problem that if you join with others that have yet to complete you just may find solutions instead of burying the head in the sand.

Lets see O.-.P confirm that all those that they have trusted to buy from THEM will stand up and be counted.

Lets start with one simple question,1

They take peoples TOTAL PAYMENTS for furniture packages 3 times overpriced and do not deliver,for years,now is the builder responsible for this  or are you going to say this is also not their fault .

If we have the answers one at a time then everyone may start to feel more confident           Questions     2  3  4  5  to follow .

Now these are straight forward questions and lets not have a repeat of being gagged again. 

This is THE EYE ON  SPAIN.LETS HAVE 2 EYES  and we are all ears.

Dan


.

This message was last edited by Just Dan on 2/17/2008.


Like 0

Spam post or Abuse? Please let us know

17 Feb 2008 8:53 PM by helsmc Star rating. 52 forum posts Send private message

Dan,

I don't really want to get into a discussion with you like this as I feel you are confused and clearly have an axe to grind with someone.  This is not constructive for others reading this thread looking for useful information.

If you have bought a furniture pack, then your agreement is with the company you bought it from.  If, on your development, you have bought a furniture pack from the builder and they have not supplied it to you then I can only suggest you contact them to resolve the issue.   You might also find help on the forum for your development if there are others in the same situation.

I hope you find the answers you're looking for.

Helen

 

 

 




Like 0

Spam post or Abuse? Please let us know

17 Feb 2008 8:58 PM by Just Dan Star rating. 440 forum posts Send private message

18 Feb 2008 11:13 AM by LoopyLou Star rating. 4 forum posts Send private message

Just Dan,

After reading thorugh this post it's extremly obvious that once a post appears offering advice or assistance you immediatley post trying to say the opposite. Can't you just let people post as they wish and if they have something positive to say, just leave them alone! To all the others making this forum a place of constructive comments. THANKYOU.




Like 0

Spam post or Abuse? Please let us know

Pages: Previous | 1 | 2 |
Post reply   Start new thread


Previous Threads

Mums and tots, Dads and tots, Friendship in Spain, lonely in Spain. - 3 posts

36 posts were found:


1 | 2 |
Our Weekly Email Digest
Name:
Email:


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x