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moring all has anybody got there contract in english as we all need to establish our legal position we should only sign if we get our moneys back by cheque or bankers dratf if sign we rescind are rights & THEY will be able to do what THEY with the apratments WE ALL PAIED for I think we all need to work collectively in order to get what is rightly ours
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Hello fortunately I am in block 1 inspite of a late purchase because someone changed their minds. I can imagine how disappointed you are. It took me a long time to get my solicitor to email me a copy of the bank guaratee (Aval) and when it arrived it had already expired - 30/09/06. however as far as I can understand from reading it if there are any changes then you are entitled to a refund but it does not mention a time limit for return of the monies. If anyone has any documents they would like me to read through i will be happy to do this although i am of course not a spanish legal expert.
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Hello
My solicitors are currently in friendly negotiation with Arenal and things are appearing very hopeful that an agreement can be agreed re. shorter time frame for refund plus compensation. They have come back with a revised date but this too is being rejected. The good thing is that Arenal are in contact with my solicitor and are co-operating in trying to resolve this matter.
Carol
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I am sorry to hear about all the block 3 investors. I am in block 1 ground floor myself but this has all left a bitter taste. For anyone else in blocks 1 and 2, the social housing implication (partly my fault I think from an earlier post) is incorrect. Block 3 is now allocated as VPO which is essentially like housing association in the UK. The flats will be sold at a subsidised rate to locals who have been priced out of the market by the general price rises in the last few years. It is only these VPO properties that cannot be sold on at a profit for the next 10 years - everyone else is free to sell to whoever they want at whatever price they can achieve.
Before this news broke I was considering my options with regard to the over-run on completion. I was put in touch with a lawyer who is acting for others trying to recover deposits. Hopefully you will all be able get your money back amicably but if you find you need some advise, email me and I'll pass on the lawyer's details. Best of luck. Keith
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We are also in Block 1 and we are also very sorry for all those that have bought in Block 3 and hope you all get your monies returned. I am currently receiving no response from my solicitors, Manzanares in Marbella despite a number of e-mails, its almost as if they have disappeared off the face of the earth, i do now wish i had chosen a diferent one. Thanks to all for keeping us informed
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All gone a bit quiet again! Work is continuing on the left hand lane up the hill (foundations nearly finished) but only 3 men working on it so is taking forever. I have heard no more about forecast completion dates or anything else for that matter. Has anyone else heard from their lawyers - block 3, any news on your refunds etc?
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Just found this article on www.cadiznews.co.uk
ARENAL PROPERTY LOTTERY IN JIMENA
The mayor of Jimena, Ildefonso Gómez, along with the councillor for social services, Mercedes Segovia, recently visited the apartments built by constructor Arenal 2000 that will be set aside for social housing. It transpires that 30 per cent of the development is for those people who cannot afford homes in the housing market and this equates to 42 properties.
It is understood that the lottery for the distribution will be carried out by a notary and will involve those who have applied who meet the regional government's conditions as laid down by law. The Arenal 2000 residential development at the entry to Jimena has been paralysed as it breaks the town hall's overbuilding regulations. Many of these apartments have been sold to British and other overseas buyers and no statement has been made as to when this embargoed will be lifted or under what legal terms.
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Hello again everyone, I am beginning to think that the block 3 people are the lucky ones! Since there is no council type housing in Spain I imagine that this reduced price accommodation is going to be more or less equivalent to what is a mini council estate over here. I did drive around the blocks on the left side of the road as I drove into Jimena and I thought some of those looked rather iffy! Certainly it is not going to be an exclusive luxory development if one third of the properties are sold off in this way. With this in mind I intend to ring my solicitor on Monday a( the only way to get a reply) and I will let you know the outcome.
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Well I received a reply to an e-mail from my solicitor, the first such reply in a year. Doesn't tell me much more than i already know but at least they remember me. For what its worth this is their response
'In regards to your email, I would like to inform you that the developers are waiting to receive the First Inhabitant Licence. The delay is indeed due to the fact that the Town Hall has demanded the Developers to classify block 3 for social housing. This does not affect your block.
Nevertheless, as the licence was applied for blocks 1, 2 and 3 this is the reason of the delay of issuing the said licence. Please put your mind at rest regarding this matter since this is just a bureaucratic proceeding'
Thanks to you guys who live out there for keeping us informed
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Well I did eventually get through to Manzanares solicitors and they tell me that it is unlikely that the apartments will be ready for hand over in less than 2 months also it is possible for them to issue the licence separately for each block. When I asked if he were sure that one day they would be handed over he said he thought so! Apparently they are not on very good terms with Arenal as a result of these problems. By the way I am in block 1 first floor - street 2 portal 1 block 1 do I have an immediate neighbour out there?
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Mine is also in block 1. I'm on the ground floor portal 1. It's right hand corner round at the back of the first block as you look up the hill. I think that makes you directly above me Melanie so no clonking about up there!!!
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IS there anyone else out there in the dreaded block three which is where I bought a top floor apartment? My solicitor Kriado Kraus is working to get my deposit back. I should get shouldn't I ? For those lucky enought to be in blocks one and two - any news on when you will get the keys? Any news in general would be much appreciated as I am still shell shocked with the way I have been treated.
Best wishes, Sara P.
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Hello Keith - i am on the ground floor too, i keep saying 1st floor because it is not on ground level, i look out away from the village, still portal 1 so think that makes us next door neigbours ( i hope you like the gypsy kings and isabel pantoja! ) best wishes to all - no more news from me
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Hi to all,
We are new to this board. My wife Sue and myself bought a ground floor apartment in Block 2, the one that faces onto the football pitch. Don't know which portal, but it's on the righthand side as you look up towards the village from Block 1. Wonder if we have any near neighbours here?
I wonder if anyone else is in a similar position to us? Our solicitor is Juan Gallardo of Kriado & Kraus, who a couple of weeks ago informed us that Arenal 2000 were offering all purchasers an option to cancel and get their money back. I can understand this for buyers in Block 3, but am surprised that Arenal has extended this to ALL purchasers. Has anyone else NOT in Block 3 been offered a refund?
We don't know whether to take the refund or not (even if it's a genuine offer and not a mistake by our solicitor), as the apartments seem such good value for money, and we like being away from the sea and crowds. We have up to this Wednesday to make up our minds, so any prompt comments/info in making our minds up would be much appreciated. We are in no hurry for the place, as hoping to retire in 2 or 3 years time, so the longer, within reason!, that we don't pay the remaining cost the better for us!
Thanks in anticipation
Henry & Sue
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Henry and Sue.
I am in block 1 and have not been offered an option to cancel. A few weeks back I was informed that I could cancel but lose 10% of my deposit (circa €3.9k). I would also have to wait until at least August for the balance to be repaid. Other than that, my solicitor said that if completetion does not take place by 30th May, I could pull out - no idea when I would get a refund then. I hear very little (almost nothing actually) from my solicitor and have not heard that Arenal are giving the option to cancel - then again, I'm sure my solicitor would not have told me either way.
Melanie.
I can't stand the gypsy kings but I'm sure that won't get us chucking turron at each other from across the internal balcony/patio we are going to be sharing.
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Thanks for the reply Keith.
I'm posting the latest email we have just received (10.31 am today) from Criado & Kraus for your information.
There should be no legal complications as the developer has already
agreed to refund you. The cancellation will be signed on Thursday and you
will have your money back plus interests in a couple of months, with full
guarantees.
Kind regards
Jose Ignacio Macías
Criado & Kraus - Senior Litigation Lawyer
He seems to be very confident, anybody with any cooments/additions?
Henry & Sue
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Hi
I am in block 2, i have been in touch with my Solicitor and apparently i can have a full refund (no interest) within 120 days and i am going ahead with this and cancelling. Arenal could be agreeable because they already have buyers from Block 3 but at this point i feel ive just had enough! I wish everyone that goes ahead with the purchase good luck and hopefully a good return on their investment.
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Still no word from my solicitor, that despite the fact my wife went to see him at his office and he undertook to contact Arenal. That was two days ago. However, I must say that I would not cancel if I had to wait upto 120 days for the money Arenal have had for nearly 2 years. My view, for what it is worth, is that anyone considering pulling out should not sign the cancellation contract until they have a cheque in their hands or cleared funds in a solictor's client account. If you sign a cancellation and Arenal don't cough up after 4 months, then what? No asset and no money! Arenal have completely shafted us all because they tried to bend the building rules too far this time. They are not suffering massively but us punters who have invested for upwards of 2 years are still being treated like pawns. Stick up for yourselves and each other.
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I too would not cancel unless they offered money back + interest. Dont forget you will still have solicitor costs to pay. I spoke to my solicitor last week and he contacted Arenal with a view to getting a discount for all the hassle they have caused ( to no avail ) but he did get a long letter back explaining the current situation but no mention of a refund. I think I would be inclined to seek further independant advice.
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