Dogs in Cars

what never?

Per your situation sounds very strange knowing that block seven has apartments occupied early January 2008,did you buy at a good price and they are delaying hoping you will pull out. I am in block One so my problem is the completion of the road which i understand as not been worked on for many weeks!!!! We paid 180000 Euro in January 04.We spent 8 months renting in the area last year and love the place so are hoping every thing picks up soon.Solicitors are wanting 6000 Euros to take up litigation the fear with that is it could take years to go down that path!!!! As i understand it pulling out and buying another property on phase One, as all had been orinally sold but not occupied you would still be classed as second owner and would have to pay Two lots of tax.

Just a note on the road, it is being worked on, but very slowly, we visited the site w/c 14th April and after looking at photos put on the message board prior to this we think the drains are being done at about one per week starting from the N340 end, progress was nearly as far as the road between phase1 and 2, next we assume they will be doing the bit of road along side phase 2, the school and utility site.

Must admit very concerned about this guarantee/ insurance situation and shall have to contact our solicitor

We purchased in 2003 Beatlemad, and like you, we got a price I don't think you'd be able to buy for now. All I can say is we got to the point where we nearly pulled out, and we are glad we didn't. It did get difficult, and we felt like we were being treated quite badly by the developers. There was scant communication and also the people we bought from (Arenal) sold the company. It was all very uncertain and scary for a bit and we were a whisker close to pulling out. That's when we went out there and had a look, which made us change our minds. It's a good build and the quality is high. I don't know if that helps or not. Good luck however you decide.

Per, you need to be aware that as six of the blocks have a habitation licence, including block 7, it is too late to pull out of the contract.  That was what our solicitor told us.  We are glad we didn't pull out because it is a lovely development.

Hi...We have just returned after the long awaited moving in day...we completed on Thursday 24th April...picked the keys up on Friday 25th...and stopped working a whole week later...we moved in on Monday 28th and are both very happy with the apartment...few snagging items to complete...no sign of a TV...were told to come back on Friday...and lo and behold...office locked and no one to be seen anywhere !!!!

We are block 7 first floor...and were also told that once the LOC was granted we had reached the point of no return..so I am confused with the comments of other 'Block 7's"

We managed to get our electrician, ( great contact ) and furniture all there at the correct times....and other than the loss of power and water on a couple of occasions...all went to plan...fantastic after a journey lasting almost 5 years !

Weather great...gardens tended...but nothing happening on the road sorry to report.

We had to give up on the 3% discount due to late completion due to personal and business commitments...but were told by the solicitor who did the 'deed' for us that only 200 clients all with the same law firm were those  lucky ones who would receive the reduction....so think Peps and others are with them....seems legally and morally unfair to us...but we had nothing left to bargain with...

Good luck to everyone still waiting the great day...we are exhausted, but very pleased with the apartment...and looking forward to the next trip out which will hopefully be the start of many holidays to come...

congratulations melwell!  You'll be there all the time now. Well, every chance you get.  Just forget all the traumas now, compensation etc, its done and would just drive you mad.  Look forward to meeting you in person one day

suzanne  

Congrats Melwell!  Here's to many good times spent in your new home.  

Peps. I hope there will be many times to go to Spain in the future.

Melwell. Glad youhave made it. I still await further information from solicitors.

General. If the guarantees do run out in Oct 08 I can't help thinking that it would be in the interests of both the developers and the insurers to extend the cover, if need be, to keep people on board and see the development finished...but what do I know?  Incidentally does anybody know if the original date for ph2 was the same?

Beatlemad. I know what you mean about the litigation fees. On the other hand some people on EOS who pulled out a while ago didn't seem to go through the courts. It almost seems like having a bump in your car and setting about suing the insurance company before making a claim. We bought Feb 05 by the way. Late by most ph1 standards.

Per

Per, buyers can pull out if their particular block does not have the occupation licence, the insurance pays out.  But, you can not travel this route if your block has the licence, then you have to take the developer to court and of course this can be very costly.

Bank guarantee does not run out in Oct!!
Alan

I hate to be a party pooper but the latest e-mail from our solicitor does not read well. In answer to a series of questions I asked, it seems they still do not believe ph1 block 7 has a licence of first occupation. As we intend to get a mortgage they say none of the banks they work with, which includes ours, would agree to lend on what would remain 'an illegal property' on which to secure a mortgage. They say people could complete if they were not securing a mortgage on it. Is everybody therefore funding their purchases from the UK?

They have also repeated their assertion that the bank guarantee does run out at the end of Oct 08. Others (alanwspenser I think) have said this is not the case. Perhaps they have used several guarantors and the terms vary for different purchasers at different times?

As all this flies in the face of the situation on the ground. I remain concerned.

The latest pictures and reports are really exciting and the development is looking very good. we have stayed on many developments in and around Duquesa in the last few years and I believe the combination of layout of both the development and the apartments and the proximity to the port and Sabbi set it apart.

hi per,  although we are in block 11, we completed along with some in block 7 in january.  We have actually seen the licence of first occupation within our documents.  We have a copy i think, will have a look.   It definately exists.   And we have a spanish mortgage, not uk.

I just cannot understand all the mixed information people are getting

suzanne

We have a property in Phase 1 Block 7 and we have a Spanish mortgage.  The certificate of habitation does exist.  If you PM me I will forward you a copy.

Paul.

Hi Per 

I agree with Peps we to have seen the L F O, and it states that block 7 has been granted , I have a copy and have translated some of it on the web  I know that it comes out slighty different , what it says is as follows roughly,

By resolution of the Municipal Management of Town Planning of Manila dated 28/09/07 has granted License to Arenal Sur 21 S.A for the First Ocupation partial to dwellings corresponding to blocks 4.5.6.7.11.12 along with Garages , 4 pools 1 paddle court  , 

Then it goes on about all those concerned with it agreeing , and that pools should be run as per the health regulations , to me eerything seems to be in place,
I do not why your sol is saying that there is no LFO unless he nows somthing we all don't, it will be interesting to find out why he keeps telling you these things,  as I am sure all those who have comleted have had there Sol check every thing before allowing them to signing .

They only way you can find out for sure is to go to the town hall next time you are out there and check .

Hope this has been of some help to you in youe quest to find the truth,

Robbie / Barbara 

Many thanks for your replies. I can see from your posts that you are all happy and confident with your current positions. I assume 'First Occupation partial.....' means partial to ph1 and therefore refers to the whole of each block? Is anybody else on EOS waiting on block 7. Pdrich1 I will PM you.

Paul

Looking forward to the next chapter in the saga now that your solictor is in the know - keep us posted.

Yes DavidNS. The solicitor is now in the know. Not so much, it seems, from my e-mails over the last month or two, more from the coup de grace I served in the form of pdritch1's copy of the licence (many thanks for that). I await their further investigations.

I think the letter Beatlemad and others on later blocks received can be taken with a pinch of salt too. I believe now, from reading on-the-ground reports from EOS members that the licence will follow soon (relativeley speaking) considering the progress of the road.

Will the new road also mean the phase will be on proper utilities soon I wonder?

I think there is sunshine at the end of the tunnel.

I have just heard from our solicitor that the developers have contacted them and it's all systems go. No dates yet. We have heard this before but I think it's the real thing this time. I am still concerned about the builders services though.

Per-We were out in Spain last week talking to our solicitor and she said it is quite usual to be on builders' supply initially. In fact it is good because you don't have to pay for it! In fact she was in that situation herself when she moved into her apartment. The only down side is that occasionally it may go off when there is heavy demand on it but talking to people who are out there it hasn't really been a problem. Huge progress has been made on the road-it looks almost finished. The gardens don't look as good as they did when we were there in Feb bit but it has been very hot recently. When we were looking round the complex it was great to meet up with Ken,Lyn,Tracey,Ricky and Suzanne and her family. We had a good chat by the pool in the sunshine. Can't wait to be out there in our own apartment;we are definately still in!!