Hi
I was out there last week and had a further chat on the whole position......... Key Mare currently plan to proceed to finish all bar the very rear blocks on phase 2, have sold about 35% so far and are continuing to sell a property every few weeks. This is pretty good news I would say as at least they are solvent and moving the development on. There is a rumour that the Town Council will not issue the habitation licences if they do not complete the whole phase, (the rear blocks too) so this will need to be sorted out. Based upon the number of properties, current number sold and sales rate of say a couple a month they will have quite an overhang of unsold apartment at the end. This happened on Thalassa next door and there have been some sharp price cuts to get rid of about 100 apartments that were unsold a few months ago - again rumour so don't quote me.........
Key Mare maintain that they cannot get serious interest in the Club House until there are more occupations - maybe - but have we been misled ?
I haven't checked but don't think that the club house was part of the first phase - therefore didn't need to be completed as part of the planning permission. Again from memory the standard contract was fairly loose giving them the ability to make "technical amendments" to the scheme and focussing on individual properties and common rights. I have no idea about Spanish law but in the UK it would come down to a question of property misdescriptions and whether we were told that the club house would be open and when........ the literature plays heavily on the concept - two pools (the phase one pool is very busy now), bar, restaurant and spa facility. What were people told and what does the marketing literature and web site say ?? Do other developments provide such facilities up front - what is the norm ?
Key Mare are saying that it is unviable for an operator to take a lease. I would say that the main reason for this is because they have high price expectations, the building is half finished and anyone taking it on will have to spend a huge amount fitting out. Therefore should Key Mare cut the price / rent and assist in the fit out to encourage an operator. In the UK a developer would definitely face misdesription claims and buyers would take action for compensation or action to rectify. When we bought we were told that it would be finished (we believed this, not least because the building was in advanced state even then (March 2006) and that it would be free to use. This was later toned down to say we would be able to use the facilities at a discounted rate.
If I were Key Mare I would keep my head down, play us off with promises and wait for an improvement in the market. true they have invested a good deal of money in the building, but we have paid I higher price for our properties on the expectation of an indoor pool etc..........
Does anyone have experience of Spanish law on this issue of property misdescription - is it even part of spanish law. On a wider scale other development are missing golf courses and even their homes so our glass should not to totally half empty. My personal view is that Key Mare will do very little other than play us off and conserve cash during the market downturn unless they are under some form of pressure. If there is support on this I would suggest getting collective spanish legal advice on the issue and getting a meeting at a senior level with Key Mare to confirm out position. If we have a case we can pursue them to complete the building or agree some form of compensation (this could be additonal works to the development or cash into the Community fund - worst case they might clean the windows on the place!).
It would be unwise of them have a major dispute with a community where they have so many other development interests, but we must also consider that they may not be in the best financial health right now. Most people I spoke to last week did have a concern that the building is starting to become a detraction and that this is the main issue in an otherwise excellent development.
I am back in spain next week and will raise this with May if there is general support to do something.......... otherwise I shall hit the beach.
Adios
David