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When I came on my Atlas inspection trip we were told not to see other small agents as they could be unreliable and if you were to buy through them, you would be responsible for any debts on the property. Sneaky. To add to the articlle in The Coastrider - everyone on my Urb who used any other lawyer than Aroca - got their deeds.
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Personally I think you get a better service with the smaller independents. That has certainly been my experience when trying to view properties and they seem less likely to badger you.
This message was last edited by Diablo Cachondo on 6/27/2007.This message was last edited by Diablo Cachondo on 6/27/2007.
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Well Diablo - something we agree on!
Fly 380 I have only one thing to say about what you were told and that is BOLLOX!
Smaller agents need to be more reliable as they do not have banks of telesales teams churning clients. It is always preferable to go by personal recommendation as in all walks of life there are good and there are bad. If you use a reliable independent lawyer he should check that all debts are settled prior to completion. Either by written confirmation from the vendor or their representative. Or by retainining an amount from the purchase price to settle any bills that might come out of the woodwork.
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Fly 380 I have only one thing to say about what you were told and that is BOLLOX!
Well I know that now to my cost.
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Fly380 knows now that Atlas spoke well out of turn regarding using a smaller agent & I believe he is agreeing that smaller agents are the way forward. (Aren't you Fly380 ?  )
Absolutely.
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Please note that Atlas also own Iberian Internation and AIB Technical which is all part of Costa Blanca Baleares
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What about Resale Espana and Arca? This message was last edited by Fly380 on 6/29/2007.
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Let me expand this thread, if I may, whilst still keeping to the point. A couple of years ago, I purchased off plan. i won't identify the agents involved but, for the sake of argument, let's say that Viva were the developer's selling agents and ADH introduced me to the site. There were a couple of problems soon after leaving my 6k deposit with ADH and I contacted my man there. The first thing he said was that since my actual reservation was drawn up by Viva I should contact them directly. He would, of course, "help in any way he can" but Viva were better placed. Do you think he was obligated to help me at that time?
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My opinion for what its worth is that you have dealt with "for instance" ADH and not Viva - if there is any kind of problem then ADh should sort it for you whether Viva have the contract or not - or at the very least they should assist in resolving the issue - problem is thaat so often the buck gets passed here as soon as the ink is dry on the reservation contract. Only my opinion of course.
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Yup. That was my opinion too. It really wasn't too important, but it illustrated to me what's what very early on in my 'initiation' to Spanish property dealings with large companies.
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It would be interesting to know if one of our resident lawyers could tell us, if the law in Spain has regard for the point of sale.
Certainly in the UK (or used to be) the shop you bought the goods from had an obligation to assist and after all the introducer in this case is going to make money out of it then surely there is some right under the Consumer Act to ensure that they do!
Anyone able to expand on this point?
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This is exactly what happened to me and Viva was the agent who took the 6000k deposit and when there were problems did not want to know and just passed me on to the developer . I have recently PMd Maria to ask what the legal position is and await her reply.
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Yep - Just the same as Atlas. 
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Rixxy, that's the sale of goods act ,as amended 1979 blah blah etc. Not sure a property introduction is the same as buyng goods off the shelf or getting a boiler fixed. After all, it is the developer selling it to me. (Not that that excuses responses such as given to Tinto by Viva. )
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An interesting follow up to last week's article in The Coastrider.
Deeds problem larger than anticipated
Last week’s article entitled ‘We want our deeds and we want them now’, which talked of the plight of residents of Macarena II, has generated a great deal of interest among other home owners who are encountering the same problems in obtaining the title deeds to their homes.
Some 28 households in Macarena II, whose homes were built by Tecnologia and sold by Atlas, are fighting to obtain their deeds. Some people have been waiting for more than three years since they handed over the final payments on their homes. Many people have been given deed signing dates, only to be told that the builder, Tecnologia, did not attend. Some non-residents have wasted hundreds of euros on flights to Spain, only to have to return to the UK empty-handed.
I wrote to Atlas about the problem faced by homeowners of Macarena II, and received a response from Atlas Client Service Manager, Marco Locatelli. He wrote: “We too at Atlas International very much regret this situation, but can assure these clients that we have been very active on their behalf with the builder and lawyers. The legal firm Aroca Seiquer & Asociados Abogados/Solicitors is an independent firm of lawyers specialising for over 20 years in conveyancing. They have successfully completed hundreds of sales with this particular builder, without problems, and all with Title Deeds.”
Mr Locatelli continued: “Aroca Seiquer & Asociados have informed us that with reference to all clients with outstanding title deed issues, their cases are subject to court proceedings. The final payments are made in accordance with the particular builder’s instructions, of which ATLAS INTERNATIONAL have no control. We can not comment on other agents, but most of our clients who purchased over a nine year period with this builder, have received their deeds without problem. As soon as we were aware of delays with this builder, we ceased promoting their products.
We also have been informed by Tecnologia Urbanistica’s bank that all payments are up to date and the company is financially strong.
Finally, Atlas International has been active for quite sometime, protecting these clients’ interests, and have obtained guarantees on their behalf. We are confident that our efforts will bring these matters to a satisfactory conclusion.”
Mr Locatelli did not comment when I subsequently asked if he was aware of other urbanisations experiencing the same problems. I have still had no response at all from Tecnologia to any of the questions I put to the firm.
Along with Macarena II and the second urbanisation I alluded to in my article, I have been informed that residents of four additional urbanisations are facing the same uncertainty. The pattern is the same.
The residents that I know about bought Tecnologia properties through Atlas and employed Aroca as their solicitor. All paid cash. One correspondent pointed me in the direction of two website fora dedicated to this issue, and the numbers of hits and comments would suggest that the problem could be even bigger still.
The verbal promise made by Tecnologia’s commercial director, Ms Chari Lopez, that residents of Macarena II would receive their deeds by the end of June has not been fulfilled. Residents will now be arranging to meet representatives of the PSOE Party to discuss where they can go from here. I will keep readers informed of the content of those discussions and other developments.
R Griffin
If everything is so hunky dory - WHY HAVEN'T WE GOT OUR DEEDS ATLAS INTERNATIONAL?
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I think i have said this before but Technologica are a bloody disgrace and no agent worth their salt should go any where near them!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Only had trouble with one urb my ar....
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still here after all these years!
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Good Idea Fly - Not enough people get onto the political party in power in the areas concerned. They should be the first ones to get the flack as often it was their administration that gave corrupt planning permission in the first place. If the planning permissions are OK then they should be brought to book as to why they are taking so long to issue habitation certificates, usually they say it is difficult keeping up with the administration, in which case tell them to put 5 cents per year on the rates and employ 5 more people in the office concerned. Basically give them HELL fly and good luck!
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Hi Plexx, yes Im aware of the sale of goods act and under the estate agents act there are protective clauses. Similar to a car dealership - you pay them but it is the manufacturer who ultimately provides the goods, however the dealership/agent has a duty of care to the client in the early stages.
I studied it years ago so am a bit fuzzy (no change there then) but I am pretty sure there would be something similar in Spain as they are quite protective.
You can go into any branch and ask for the complaints book - this is official for any registered business, you fill it out and get it to the consumer department - its like a denouncia and they HAVE to act on it.
Might be worth threatening them with that as its quite serious and any business would be rather wary of receiving one!!!
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Quite frankly m'dear, I don't give a damn!
www.herbalmarbella.com
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