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Just recently found web site,been trying to contact Palmera properties and not had any luck.Could someone please suggest next course of action.Is a lawyer being arranged to act on everybodys behalf who is purchasing a property at Mirador Torreblanca on block 9,or is there a chance everything could still go ahead,without Palmera property involvement.Would be willing to go over to Spain to meet other people in same position,and approach English speaking lawyer.
alan.birchall9@btinternet.com
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I think most people are in a similar position, just not knowing what to do for the best. I have considered all options and joined the Costa del Sol Action Group. This means that even if the purchase does go through (we are in Block 10), then we use the Action Group's Lawyers to complete the purchase. For the costs involved I consider this an investment. If the purchase does not go through then hopefully the same Lawyers will be securing our deposits through the courts. If you are interested in their services you should contact Gwilym Rhys Jones at gwilymr-j@terra.es.
regards
Dave Fulton
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Does anybody have any idea what will happen now that the CDSAG has a problem? Gwilym having left on bad terms implies that the info. about Palmera and the court case goes with him. Have we all paid to join this action group in vain?
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Hi Guys, just discovered this site. My brother and I bought a Penthouse on Block 10 over 5 years ago now, and are getting no joy at all from Palmeras.
Does it appear we wil never see the completion of the prorerty, nor a refund of our deposit??
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We are all being told there are complications in completing this development, but what the complications are seems to be a big mystery. I am going to Spain next week to sign Power of Attorney at the Lawyers. They are using the courts to try and get some justice. I don't know what that mey be yet. I would prefer to get the apartment (also penthouse in block 10), but if not then I would like my money back, preferably with interest. I may know a little more after next week, or maybe not!
Regardd, Dave
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Hi RobN
Do you have your own solicitor? I would say that is the most important thing at the moment. We are buying in Block 6 and like everyone else have been waiting over 5 years. I have a brilliant solicitor that got us completion on another Mirador site. She is Spanish but with excellent English and I understand quite a few of us are already using her so she knows the background. If any one wants her details send me a private message and I will let you have them. Cheryl
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Visited the CDSAG Lawyers last week to sign the POA. Accompanied by Suzy of CDSAG, who was most helpful, and did much to satisfy me that they are working diligently with the lawyers to pursue justice. There is however, little, if any, information available regarding the real problems preventing completion on this development. Only the developers could answer these questions, if they so chose.
Went for a drink in the hotel opposite the development and discovered there are still 2 people at least, working there. They did say however, that they hadn't been paid for a while, so watch this space. Did manage to see through the windows in a couple of apartments in Block 10. Wardrobes are fitted and plastering done. No bathroom equipment or electrical sockets fitted though.
Rumours that there could be a number of area at risk; Is the slope safe from landslide? Is planning permission complete? Has it been built to planning requirements? Could the planning be revoked due to permission being granted by corrupt Mayor, etc, etc. Any of these would prevent occupation licences being granted I guess.
What really are the chances of occupation licenses? Even Palmera are trying to fob us off with other (now more expensive) developments. Perhaps a refund is the most realistic option available, if not the preferred.
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Many thanks for all the information. In your opinion what are the chances of a refund. My guess would be none. We are buying in block 6 which looked pretty complete a few years ago - but still we wait.
Cheryl
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Just may be of interest to some of you. I have just heard from my solicotor and I have brough the penthouse in block 5 and just found out the the name on the contract was a third person and not the developers even though it said it was and that i have not got a link to the property.
Has anyone else brought in block 5 or had a similar problem?
Kind regards
ps
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I bought Penthouse A in Block 5 off plan in Dec. 2002. I have subsequently "sold" it in as much as a deposit of 25,000 euros was paid by the new buyer in Jan. 2006, but we have not moved on since then. The new buyer is out of pocket to the tune of 25,000, and I am out of pocket to the tune of more than 16,000 euros which is due upon completion. To further compound the situation, it is not clear who currently owns the penthouse; me or the new buyer. I have never known who the buyer is...this was information that Palmera would not supply. I would be interested to know if there is anybody on this forum who has, or thinks they have any connection with Penthouse A in Block 5 on Mirador de Torreblanca.
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Hi to both of you. I have brought penthouse b in block 5 and just found out this info as you can see. Please could you contact me on 07970 686054 as i would like to speak to both of you that have connections with this block as we maybe be able to help each other.
I am know going proceed legally as there is no time to waste and I wish i had earlier. I am out of tune of 28,000 pounds unless i resolve this but i would like to compare notes and speak through how we maybe ablt to get further with a corss reference of material. I can always phoen you back but i am sure it will be quicker speaking than emailing if both ot either of you are happy to have a chat. My name is paul. I am avaliable at anytime.
Kind Regards
ps
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I'm actually in block 10. We were there over a week ago, and I can see there is little work left to do, and we found 2 people there still working on it, but they haven't been paid for a while. We have now passed over to CDSAG and the Lawyers. I'm happy to talk, but as far as I am concerned it is now in the hands of the Lawyers. Too many bad rumours to expect a completion on the apartments. If it happens then fine, but.........
My number is 07747 630169, but as I say I do not see what anybody but Lawyers can achieve now. We paid our deposit in March 2003, with a given completion date of 2005. A delay in completion was fine for us, but really, can you trust these people?
Regards
Dave
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Following the latest communications regarding the alternative offers from Gotardo Rodrigues, I asked the CDSAG Lawyers what the problems are with regard to completing on Mirador de Torreblanca. The following is a quote from Naomi Webb of IURA. Makes interesting, if depressing, reading,
"The development in which you have purchased, Mirador de Torreblanca, had its building licence revoked by the Town Hall making it a completely illegal development. There is also a charge on the land for unpaid taxes, if this is not paid, which I don´t imagine it will be, the land will be auctioned. We advise against completing in this development, if the developer contacts you please ask them to go through us."
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We have just heard from our solicitor that an arrest has been put on our apartment for unpaid taxes by the Tax Authoriities Office. I would strongly advise anyone buying on this development to get an independent sollcitor.
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Afternoon everyone,
Have to say its been pretty depressing reading on the forum - based on what the last two posts have said, and not been on the forum for some time I decided to email our solicitor.
I knew about the embargo on the land, but did not know that the building licence had been revoked and therefore the development was illegal.
But I thought to myself why would the tax office( if they didn't get their taxes) put it up for Auction, if the development was illegal - who would buy it ? And what about the people already living it?
My solicitor came back with the response about the embargo, which I have pasted below - just thought you may like to know :
Yes there is an embargo over the apartments as I informed you weeks ago. But I have some good news. We have confirmed with the Tax office in Malaga that the promoter is negotiating with them in order to leave the embargo with no effect, and it seems that the situation will be sorted in about one month time, so hopefully the apartments would be ready for occupation about late august or beginning of September.
If this is not the case, I would inform you about the legal options (basicly sue the promoter) in order to claim your money, but I think that is possible that the matter will be sorted before we need to go through the courts.
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From my experience, I do not think Mirador has money to solve this huge problem, even I do not think they want to solve it indeed, as they have not done anything to pay arrests (existing since October 2006) over twelve houses in Fuente de Piedra I (althoug Mirador was granted FOL in this promotion in November 2007 and they were able to handed it over).
Apart from that, it is not a matter of "leave the embargo without of effect", the real solution you need is it is totally cleared from the Land Registry. After this serious issue was right, they have to apply for the FOL, getting it from the Town Hall (bearing in mind the irregularities made) and pay FOL fees to received it... all of it requires money (Mirador does not have it) and time (purchasers do not have it... waiting is an invitation to Mirador´s bankrupcty or more arrests...).
As facts tell us, waiting is not the solution but is only a chance for more problems to come.
Kind regards,
Patricia Morales Sevillano
Lawyer
patricia@pmsabogada.com
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