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Hi people!!
Can anyone help me????? Me and my wife like lots of people paid a large deposit for a villa in Jumilla with San Jose through a UK based agent in 2006. Because of the situation at Santa Ana we decided to change site to Playa Golf 3 the same property was over 50k euros higher but we managed to agree on a price which we were more than happy with, so we decided to exchange befor San Jose went into liquidation, the paper work is still going on for the transfer but I wanted to know if we should have any problems with our transfer considering the position of San Jose? Can anyone help me answer this?
Has anyone brought with Atlas International on the Santa Ana Site??
Cheers
Dal
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Kalghotra:
You should have no problem, but just push so that your transaction is completed, on the understanding that Playa Golf 3 is a finished development.
San Jose will be soon under administration, not bankruptcy or liquidation yet, so operations continue.
I would recommend you to insist so that paperwork is finished.
Regards
_______________________ Martin de La Herran Sabick
Abogado / Lawyer (reg. 851 Jerez)
www.abolex.es
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Hi All,
As San Jose has the licences and our deposits they are in a position to proceed with the project except for the funds to lodge with the town hall. I can understand that by going to courts they fix the amount of money the delay would cost them in compensation etc. With that fixed and the amount of properties that they have deposits on and I believe it is 1700, I can not see the project not proceeding, especially as 50% of the purchasers are Spanish!
I have spoken to the European Financial Director where I work and he believes that the project will go ahead and it is a financial exercise.
So do we want our properties? I do!
There is lots of talk about legal action but that is the last resort and who does it benefit? I have not yet met a solicitor who isn’t after money and we could have an ambulance chasing situation going on. Solicitors smell money in all of this and what I and I hope we all want is for San Jose to sort the finances out and get on with the build. We need to let it be known that we want the project to go ahead and give it our support and only prepare for legal action if necessary!
And lets not forget San Jose have given us some compensation already by including the pre-installation of the air conditioning and being honest I thought there might be some delays. It is Spain
I and BrianMags are meeting with San Jose on Thursday and our solicitor and bank plus agent whilst there. We will send you all a report on what we find out.
All the best
TonyMal
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Just a couple of clarifications, Tonymal:
1. San Jose files for voluntary admin because existing debt exceeds existing funds. And this debts do not include those who haven't claimed yet for their deposits back.
2. Please don't say solicitors are here just after money. We try to help and yes, we live of our work, but are not here just for money.
Please think about it carefully and be realistic.
Good luck to all.
By the way, I will be happy to meet you friday in Jumilla at our informative meeting.
Regards
_______________________ Martin de La Herran Sabick
Abogado / Lawyer (reg. 851 Jerez)
www.abolex.es
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Martin
I note you are also posting your services on the El Pinet site, between the two developments how many clients have transferred to you? Are you intending to do a no win no fee proposal?
_______________________ stu and jaq R4 428 I DON'T THINK SO!!!!
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Hi TonyMal
Just a pause for thought. There are sites of San Jose that have no licence, for instance we have a deposit on Albatera. Our contract expired more than two years ago and we have yet to be refunded on our deposit.
The people on this site include San Jose personel and directors!. Most of the 1200 properties are sold off plan. Any advice to people from that site to sit tight and not request funds back is not good advice.
Brian
_______________________
Best wishes, Brian
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Hi Abolex,
i speak from experience of lengthy litigation in the Uk and i am well aware of the adverserial nature of the legal system. i mean you no offence and it may be that you have strong altruistic tendencies, I do not know but if I offended you I apolagise It may be that in a climate of uncertainty that people would like to have their prospective home built if posible and not get caught up in a soul destroying costly excercise that may not be necessary. What we all need to do is have cool heads and think about what we really want to happen and then see if it is achievable.
Regarding the cash flow situation, is it not a fact that San Jose have to lodge a rather large amount of money with the town hall to be given the licence that has been granted? If the bank declined to give the money would that of not caused the cash flow problem. i tend to think that we really need advice from an accountant who could look into this and explain it to us all.
I and BrianMal, who is a colleague and friend have both put deposits down on properies at Santa Ana and my contracted completion date was May 2007 but i still want the property and i still view it as a viable project. In the UK companies go into administration and carry on buisness and return to a normal state of affairs, for example Leeds united football club and what about Eurotunnell. As you quite rightly stated San Jose is not bankrupt nor in liquidation, indeed, the role of an administrator is to keep the compny viable and find a way to keep the company functioning. Bankrupcy is a failure.
Also lets not forget that having 1700 purchesers for properties that have considerable value, probably over 170 million Euros still to be paid,do you really think it is going to not happen, especially with 50% being Spanish money? Look at the demonstrations in Spain last year about homes, do you think they will not build them?
Personally i think they will but I want to get facts and find out what is going on. I know how awkward banks can be, I row with mine enough, and I can see that this could be down to thier crass stupidity. Should we not unite and try to save the project, do something positive not negative.
If I and BrianMags have time on Friday we will try to meet up with you.
I refuse to panic, I want facts and I have asked my solicitor in Spain to request replies to some questions.
Wishing you and all other Santa Ana purchasers well
TonyMal
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Hi Briando55,
i am sorry to hear you news but if you still have not got money after 2 years, don't you think it best to try to get the properties built rather than pursue lengthy costly soul destroying court action? At least if it gets built all we have is lost is some time, legal route what will we end up with and when? I think it is a no brainer, try to get the project going and completed!
All the best to you
TonyMal
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Jaqib: With all honesty, 1 client from these forums and many thankful friends to whom i am giving my best advice
Tonymal: Regarding the "offence", no problem, apologies accepted. I just don't want anyone to think I am here writing now just because I could "grab" another client. The truth I have seen many abuses to English (including from Spanish Lawyers), I have English family, and I just think a bit of advice at the right time can save many problems.
This thread wouldn't probably exist if someone had helped at the time all of you and advised not to sign a contract without a bank guarantee: I wish I had done this, believe me.
Coming back to San Jose, I think you have some concepts wrong:
1. If the Townhall holds any money, this is only as a guarantee that the urbanisation works (roads, lamps, etc) will be completed. This money is not there to pay construction costs nor creditors.
2. Many developers have been investing in the last years on buying large banks of land. I am not saying this is the case here, what it is being a very common situation that as the land prices have dramatically reduced and there are no buyers out there for plots, cash value is literally nothing today. And bank finance, as you pointed out, is not there and will not be for a while.
My advice can only be to try your best to recover your deposits.
Regards
_______________________ Martin de La Herran Sabick
Abogado / Lawyer (reg. 851 Jerez)
www.abolex.es
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Hi Abolex,
Just a quick reply as i have a flight to catch.
point 1. I know that the money deposited with the town hall to cover instrastructure costs and show viability.
Point2. Yes there have been some speculative land purchases, however, Santa Ana has a good location and in property it is location,location,location.
Yes we need to be prepared but do we need to give up? We can try to be spportive of the project and our HOMES to be whilst making plan b and c as fall backs, just incase.
Possibly see you friday
Hasta Luego
TonyMal
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Are not the issues at Albatera site different to those at Santa Ana. My understanding is The Valencia regional Government will not issue licences for a variety of reasons. So possibly legal advice would be different for those buying at Albatera.
_______________________
Linda Needham
La Alberquilla
Jumilla, Murcia
R4 308 For Rental
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Good point, Linda. Anyway, Jumilla and SADM are in Murcia, so even if the issues were the same, legal advice could be different.
We will be back in Jumilla on Friday 13th June (must remember to cross my fingers, as I am supersitious!) We won't be travelling back to the UK until 2nd July, and then it will only be for John's final AGM as chairman of Serpentine Running Club, plus our official leaving do. A total of 6 days, to allow us to recover from our hangovers. I don't know how often you go into Jumilla, but it would be nice to meet up some time.
Sue
_______________________
Sue Walker
Author of "Retiring the Ole Way", now available on Amazon
See my blog about our life in Spain: www.spainuncovered.com
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Hi everyone Tonymal and I (brianmags) have arrived and have appointment with Pilar at San Jose tomorrow morning and will update everyone after that we hope to have good news about SADM we believe that if we all get behind the company that the banks will grant the agreed funding to finish the building that has been started. we also have appointments with our solictors and accountants on Friday and will also update all about outcomes please dont panic as I believe that this can be sorted out and we can then get our properties because that is what we want and the location is why we bought there.
regards Brianmags & Tonymal
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Tonymal & Brianmags,
hers hoping you get good news, I certainly still wish for a place in Jumilla!.
Mark and paula.
_______________________ mark and paula row 4 no 439
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Tonymal & Brianmags,
many thanks for your updates and efforts at keeping the project alive. .
We too want to see SADM completed and are reluctant to back out. however like everyone else we cannot loose such large sum of money. You have our support and appreciation for what you are doing.
Ken & Philomena ( R20 parcella 3 )
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To Tonymags & Brianmal,
We bought an Amapola,have a large deposit down,and no Bank Guarantee.
We too have experience and knowledge in litigation,and if the choice is either to spend years chasing our dwindling deposit through the courts (not to mention the legal fees involved),OR get our dream property in Jumilla.Then, there really is no choice-is there?
We support you all the way.Maybe just maybe there still is a way to turn this positive for everyone involved.
We bought into the dream the first time we arrived at Santa Anna and if somebody outlines a way of saving our dream-we will definetly do it.
Thank you for your efforts,give us options instead of making us victims!
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Hi to everyone on this forum,
I am new to all this but have been reading and taking in all the comments people have made. I have also put down a large deposit in 2006 on a property at Santa Ana and I would like to air my views.
To be frank, from the minute we put down the deposit we have had no contact from San Jose what so ever. It took several e-mails just to get a receipt! I have heard one excuse after another as to why the build has stopped, everyone I know has got an opinion on the development and most people seem to look at you in dismay when you tell them you have bought on Santa Ana. I now live in Spain and like a lot of you have sold your houses back in the UK and want to live out your dreams here in Spain, as I did.
On paper this development looks fantastic and a great place to live, and I am in no doubt that if this build was to go ahead we would all be very satisfied. But lets take a reality check here, San Jose have not got any cash and unless they liquidise some of their assets the development can't be finished. How long will that take, one, two, three years to raise the cash? If San Jose said to me your house will be finished in a year I would be exstatic but that is not going to happen in my opinion. I am not prepared to sit back and watch the years roll by waiting for a house which may never be built. People also talk about compensation, how are they going to find the money to pay compensation? I was told by my solicitor that I may get part of the rent I pay back as compensation, Oh look at that pig flying!!! I am sorry to sound negative and I too have been wearing rose tinted sunglasses for far too long!
I am now in talks with a solicitor and can only wait for the courts to make their decision which is eagerly anticipated! Lets hope it's what we want to hear.
CK
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