Soccer in Spain

 

Hello to everybody!!
This is my first message to this Forum and I am a buyer of 2 apartments in Hacienda Casares, one is in Azalea ( License 2 ) and the other in Azuzena. Yesterday I received from Aifos a letter inviting me to sign the public contract. I am going to sign but the day after we sign we  EVERYBODY must procceed with the legal action to protect our rights.
I am  LEGAL solicitor and after studying the matters we have with Aifos THIS IS MY OPINION:

1.-Regarding the pools and rest of social community services (..tennis, paddle,etc..) the Spanish law in his Civil Code articles 1.124 and 1.469 gives as several posibilities.

2.- Regarding the BANK SUBROGATION, Aifos invites you to the mortage subrogation and let us know that we have signed in the contract that if you dont accept the subrogation you have to pay a 1% penalty to Banco Pastor because of the cancelation.  OK this is completely ilegal as the spanish Goverment has aproved the REAL DECRETO 515/89 that in his art 10 declares invalid this estipulation or clause. The interest rate of Banco Pastor is very high for our market and it is easy to get better choices!!!! 

3.- IT IS VERY IMPORTANT FOR US TO JOIN  AND  PROCCEED WITH  A UNIQUE LEGAL ACTION AGAINST AIFOS.

Do not hesitate to contact me if neccessary

Thanks for the post Carlos! Good tip. I will use that if I comeplete.

Can I ask why you have decided to complete, and why you did not cancel your contract do you feel Casares it is an good investment? Or do you fear the courts? I have been talking with some solicitors about cancelling my contract with Aifos and they are divided two say it is difficult to cancel once the License for first occupation is granted and other say it is perfectly possible. Especially as I email AIfos and asked them to cancel and may times asked my solicitor to take Aifos to court but could never get her to actaully do it.

I was also wondering if there is any European Union law governing the purchase of property and consumer rights.

Sorry for the delay Culmore,

I didnt see your reply!!

I completed because I put there some money and didnt see another  way to assure my investment in the minimum time and with the minimum expenses......you know in Spain Coourts are not very quick and there are other privilege creditors who are embarguing everyday....believe me the situation of AIFOS IS VERY VERY DIFFICULT and remember Spain has more notes of 500 € than all the rest of Euro countries all toghether and Aifos have a lot of them but these are out of the controll of the Tribunals!!!!

We just wanted to comment on taking the"unique legal action against AIFOS" path.

Unlike the Case Law System, in Spain a class action law suit can only be suggested by the lawyer to the Spanish Judge ruling the matter. It is only up to the to Judge to decide on whether they deem as suitable or not to grant it. If it is accepted by the judge, then due to economies of scale there are significant discounts for the plaintiffs on litigating. 

A class action law suit in Spain must not be taken for granted as a forgone conclusion as apparently some posters seem to suggest. It depends only of the Judge and they have turned down previously class action law suits against AIFOS.

Hi Carlos,

Our penthouse apartment in Lavanda has not been built so to protect what money we have already paid we have agreed on another apartment. Not such a good location on the site or views but at least it is something. We have been advised to take over the current mortgage held by Aifos with the bank. WE know Aifos could go into administration anytime now so is it best to take over this mortgage rather than spend the time setting up a new mortgage? your view would be greatly appreciated.