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19 Feb 2008 12:00 AM by juliet454 Star rating. 99 forum posts Send private message

I found it now:

 

And if the agent starts to pressure you, quote Decree 218 to them! If they dont know what it is, then tell them to look it up and whistle!!

Hope this helps

Chris



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25 Feb 2008 3:07 PM by VictimofCrime Star rating. 7 forum posts Send private message

ATTENTION ANYONE CONSIDERING
DOING BUSINESS WITH “EL TRAMPOLIN”.
 
I SIGNED FOR MY VILLA ON THE ORIGINAL EL TRAMPOLIN DEVELOPMENT SOME 4 YEARS AGO. IT WAS DUE TO BE COMPLETED IN OCTOBER 2006.
 
WE HAD WHAT IN SPAIN IS LAUGHABLY CALLED A LEGALLY BINDING CONTRACT WHICH HAD A PAYMENT PLAN SPECIFIED. THIS PLAN SAYS THAT “LEGALLY” I DO NOT HAVE TO PAY ANY MORE MONEY UNTIL THE HOUSE IS LEGALLY COMPLETED – I.E. THE DEEDS ARE AVAILABLE.
 
ON TOP OF THE AGREED 60% DEPOSITS, WE WERE FORCED TO PAY €35,000 EUROS “KEY MONEY” TO OBTAIN ACCESS TO THE PROPERTY.
 
SINCE THEN, WHENEVER THIS DEVELOPER HITS CASH FLOW PROBLEMS, HE SENDS HIS MINIONS (MARTHA ET AL) TO DEMAND MORE MONEY ON THREAT OF HAVING OUR WATER AND ELECTRICITY CUT OFF. THIS HAS NOW HAPPENED 3 TIMES FOR VARYING LENGHTS OF TIME FROM 24 HOURS TO 1 WEEK.
 
WE ARE NOW IN THE POSITION OF BEING THREATENED AGAIN WITH SUCH ACTION. MARTHA HAS INFORMED EVERYONE ON PHASE 1 OF THIS DEVELOPMENT THAT OUR ESCITURAS ARE DUE IN ONE MONTH’S TIME – A BLATENT LIE ACCORDING TO VARIOUS LAWYERS INVOLVED (ALTHOUGH YOU CANNOT TRUST A SPANISH LAWYER TO ACT SOLELY IN YOUR INTERESTS AS YOU CAN IN THE UK).
 
SHE ALSO HAS STATED THAT “EL PRESIDENTE” (MELON FARMER) ANTONIO WILL CUT ALL OF US OFF AGAIN IF THESE MONEYS ARE NOT FORTHCOMING.
 
ONE FRIEND OF MINE HAS BEEN TOLD THAT HIS HOUSE WILL BE EMPTIED AND PUT UP FOR SALE IF HE DOES NOT DROP EVERYTHING AND FLY TO SPAIN TO COMPLETE WITHIN THE NEXT 24 HOURS!!
 
IF THE MONEY IS NEEDED TO PAY TOWN HALL CHARGES OR OTHER SUCH BILLS, THEN WHY NOT CONSULT THE INTERESTED PARTIES AND WE MIGHT HELP.
 
HOWEVER, WHEN IT SEEMS THAT THE MONEY PAID IN GOOD FAITH HAS BEEN FRITTERED ON €400K MCLAREN MERCEDES SPORTS CARS AND VILLAS FOR HIS MISTRESS’ THEN ENOUGH IS ENOUGH.
 
I URGE EVERONE IN THE SAME POSITION AS MYSELF TO RESIST THESE BULLYING TACTICS AS MUCH AS POSSIBLE.
 
I URGE EVERYONE WHO HAS PAID DEPOSITS ON OTHER TRAMPOLIN SITES TO CONSIDER “CUTTING YOUR LOSSES” IF YOU CAN AFFORD IT AS YOU WILL CERTAILY RECEIVE THE SAME TREATMENT.
 
I URGE EVERYONE CONSIDERING BUYING OFF TRAMPOLIN “NEW CAR OR NOT“ TO FIND ANOTHER DEVELOPMENT ASAP AND DO NOT TOUCH THESE BANDITS WITH A BARGEPOLE!!!!!!!!!!!!!!!



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25 Feb 2008 6:07 PM by Cormona Star rating. 69 forum posts Send private message

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How can your friend complete if the builder does not have the registration for any properties???has anybody signed on phase 1,2,3....and completely own their property.

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25 Feb 2008 6:49 PM by jogary Star rating in UK. 193 forum posts Send private message

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You can complete your purchase at the Notary without the certificate/licence of habitation and get your deeds, so you do legally own the property.

Some mortgage lenders will even lend money even if the certificate has not been issued. However, you cannot legally occupy the home until you have this certificate. Although many people do!

This is why Trampolin are 'forcing people to complete' They are saying that if your mortgage lender wont lend until the certificate has been issued, they will find a lender who can!

They basically want their money. Last we haerd, about 12 people have completed at the Notary and own their property. (I think someone has posted to confirm this)

It is interesting to see what Victimofcrime says, that Phase 1 will soon be asked to complete. We are on Phase 1 but cant find out any more information. We've been told nothing!!

Keep Posting.

 




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25 Feb 2008 6:58 PM by jogary Star rating in UK. 193 forum posts Send private message

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Hi Again

Just noticed this posting on The Sierra Golf Threads:

 

For anyone interested I saw the following reply from Maria de Castro to another EOS query about the habitation licence in the general forum today. 

Notaries cannot authorise anymore purchase deeds without the FOL ( there is just one ans is definitive). So it is not a matter of you purchaser wanting or not a signing with no FOL but a matter of  Law prohibiting Notaries to authorise the deeds without that requirement in place.

 

If you look on that forum, there is a lot of discussion about habitation licences (FOL)




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26 Feb 2008 7:45 AM by shepp Star rating. 21 forum posts Send private message

I am also at a stage where I need to know the deeds wil be coming through soon, or I will instruct my solicitor in Spain to start legal proceedings to get the money I have paid to El Trampolin back.

I have not been contacted by the company directly informing me to pay up or else...I intend to call their solicitor  Pilar Cano today to get some information, I do not hold out much hope !!!!!

 




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26 Feb 2008 11:13 AM by VictimofCrime Star rating. 7 forum posts Send private message

Jogary, Interesting that this Lawyer states that it is no longer legal for Notaries to authorise deeds without the Habitation License.

Would be very interested to hear this from other Lawyers as you seem to get differing answers to basic questions here!

Several people have "completed" and now have legal ownership of their property.

Does this mean that they are now liable for any outstanding fines on these properties ?

This may be the motivation for Antonio's actions.

If not then he must need the money - a much more worrying scenario!

Shepp, I am told that we should be legal in "3-6 months" by my Lawyer.




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26 Feb 2008 12:47 PM by juliet454 Star rating. 99 forum posts Send private message

The topic of habitation liciences is growing so many larms and legs at great speed on this forum.  The problems encountered by GT purchasers appear to be common amongst other builders in Murcia.  MASA for Camposol and La Seirra Golf.  As Jogary states, the general forum on here is both informative and a learning curve.  Maria De Castro posts her valuable advice on EoS and what she says is bob on! The subject of FLO is like a red rag to a bull, however, have pasted relevant bits from post in order to assist those of you who are currently experiencing the problems with the FLO on El Trampolin. 
This is a post from Spanish Solicitor:
In the Region Murcia a Notary can authorize the sign of a purchase deeds without FLO  because the Regional Act (Decreto Legislativo 1/2005)  says nothing about the obligation of the "Notario" regarding the FLO. The Notaries say that is applicable the Regional  Act not the General Act for Spain (Ley del Suelo).
Our advice is to check the file of the FLO in the Town Hall, review the administrative procedure finding out the stage of the process, maybe everything is fine or maybe your LFO won´t have possibilities to go ahead.
If our clients want to sign without FLO we modify the deeds including some economics clauses for protecting their interest until the LFO is granted.

A poster queried the "modifications", the reply was:

In the deeds should be indicated:


1º "The developer  has not fulfilled thoroughly  the obligation of handover the house because the LFO has not granted"

2º "With the signature of this deeds we don´t acquire the full possession of the property because of  lack  of and essential element which is the LFO" 

3º An agreed damages clause must be included stipulating the sum to be payable at a daily rate  in the event of lack of LFO in a new deadline granted to the developer from the signature date

4º Withhold  15% of the price until the LFO is granted.

Before going to the Notary it is very important that an expert review exhaustively the file in the Town Hall. This is the key of success, find out about the legal possibilities of these LFOs

Maria's reply to Spanish Solicitor:-



What about the fines that can be imposed by the Administration to people who live in houses without FOL?

What about provision 1 of the Ground Act which says that the provisions contained therein are applicable in all the spanish teritory? The Ground Act of 2007 is not a Planning Act but a legal tool on the legal regime of the Ground and  on equality in the exercise of constitutional rights related to the Ground and regarding those interests which management is entrusted to the State. Applicable and obligatory within all the Spanish teritory . Of course, Notaries cannot omit the  obligations and requirements contained herein regardless where they are based.

Laws made by the National parliament needs to be met within all the Spanish territory with the exceptions of Civil Law in those territories of local or provincial Law, which is not Murcia.

The Ground Act 8/2007 ( where the obligation of LFO is contained) is a Law of minimum requirements that need to be meet by every regional legislation.

I am trying to assist by posting relevant parts of the issue of LFO's from the forum.  When the time comes for us to complete on Royal Dream, I am hoping we have learnt enough from these forums to overcome the perceived problems everyone on El Trampolin is experiencing at the moment. 

Hope it is useful to you all.

Chris & Darren




This message was last edited by juliet454 on 2/26/2008.

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26 Feb 2008 5:25 PM by murciaman Star rating in london. 25 forum posts Send private message

SOME GOOD ADVICE DO NOT PART WITH YOUR CASH I TOLD THIS LAST YEAR 




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