Fortuna Golf Deposit Return

Hi everyone,

Re: Fortuna Golf Development Murcia, I would really appreciate if anyone who has personally or knows someone who has had success with recovering their deposits could contact me please, especially if your contract had the word "touristica " mentioned as I did without it being properly explained to me by my purchasing lawyers.

I am in an awful situation having originally used the services of a legal firm that is apparently "not actually a proper legal firm" then moved onto a legal firm who don't reply to genuine concerns and requests for an update even to the point that I have seen online that 60 fellow British purchasers at Fortuna have been successfull through this firm. I am so disgusted with this firms attitude towards me, I paid them upfront to help me and it is so painful to type this as I feel so used by 2 Spanish law firms now.

This has turned into one lonely place 8 years downs the line and so any help would be greatly appreciated.

Mark

Hi are you try to get your deposit back because it was not completed by the builders or because it is a toristca classification.

Dear Mark:

I would be pleased to take a look to your contract if you need

Yes windtalker, return of my deposit as the development never got completed or much started for that matter.

The touristic classification of the apartment is something that Banks are opposing for leaving buyers not covered by the 57/68 Guarantees.

It is an argument which can be turned down mainly because many Courts, and Supreme Court too, defend the tuitive ( protective)  character of Law 57/68 and state that the whole strength of Law 57/68 and its rights protect buyers of residential ( first or second) properties, as soon as these facts occur:

1.- Payments are made to a developer account according to Contract

2.- Development is not finished or on delay

If there is a General Bank Guarantee, the General Guarantor is liable

If there is not, receiver Bank is liable ( as said: Supreme Court has still not formally issued decision on this) 

It is simple.Spain Law is distinctively bright when  providing such a cohesive defense to off-plan property buyers

Thanks Maria and to those who have sent private messages of support to me

My main concern is of course to have my hard earned deposit funds returned to me especially as my purchase of a Spanish home was never properly explained to me in that my funds were not safely held in escrow and that the words Manzana Touristica on the contract meant in Spanish, off course I have come to feel completely stupid for not asking my lawyer what this meant but this is what I paid my legal representitive their fees to do, had they explained this to me I would never of dreamed of gambling €43000 on a Spanish home, which I will not deny was for a mixture of my families personal use and to rent out to help pay for it.

My dilema is this, Plus Advisors the lawyers that I used to purchase my apartment will not answer my questions and provide me with the details that are essential to get this situation sorted, this cannot be legal in itself and now the new lawyers who I will not mention at the moment refuse to answer my emails and I am genuinely angry about both these organisations, why is there no professionalism and genuine desire to help me and others like me in this horrible situation ???

The second lawyer was quick to promote their services with a view to having Plus Advisors pay for their bad practice but have not and did not do what they said, I honestly believe that I have been deceived and their silence is making me believe this more.

I will come to Spain in the new year and do whatever it takes to get this money returned as I often have sleepless nights and become very down about this situation.

Thank you

Mark

Mark:

I can say no more else as I would need to see the details fo your situation.

Did your lawyers start the cancellation work? It is important that the cancellation attempt is made quick an diligently after developers´s failure. 

Dear Mark,

After reading your posts all I can do is offer our help. We would be pleased to have a look at your case and give you some advice. So far we have had 100% success in our cases suing banks for deposit recovery and many cases still going. We also offer "no win no fee" schemes.

I will pm yo.

Regards,

Hi Maria and the other interested readers,

Following your comments and suggestions and thank you all once again I have this weekend went over all emails relating to my initial purchase and subsequent problems and yes I got a rare email from the lawyer saying they "had checked with the Judicial Administrator for Promociones Eurohouse that my purchase contract was formally terminated and that this has been confirmed by the Judge dealing with the administration proceedings of the developer" that email was in April 4th 2015 and its the last I've heard of them !

On looking back over all email correspondence I have a much clearer picture now of why this poor relationship scenario developed with (2nd lawyer who I will keep anonymous just now), they responded poorly to my relevant and genuine concerns I had by actually putting me under pressure to sign up for what they stated was "my only option to recover my deposit" and they followed this up with an email giving me a very short space of time around one week to join the action, I did join and then 8 months past and I asked for an update and they still had not filed the lawsuit or kept me updated, I feel I was pressurised into joining and so I decided I felt their poor communication and initial pressure to get me to pay and join the action was unfair and so I emailed them to say that for these reasons I wanted to withdraw from this action against Plus Advisors as I had no confidence in them due to their lack of communication etc and they have not even so much as acknowledged me or my  email since. In case the legal assistant had left I messaged the business owner who also has not replied.

And there are the reasons I am feeling angry, frustrated and so isolated with this whole ongoing scenario up until now, not only a very sad situation but there is also the disappointment and confusion I feel towards the legal "professionals" I have trusted to help me but who have not been professional at all !

Mark

This message was last edited by markybhoy on 06/12/2015.

Hi everyone,

I welcome any constructive feed back to my previous email, yes my email makes for uncomfortable reading to some but I have nothing to hide as my main reason apart from finding a solution to my situation is to help motivate others in a similar position to seek assistance to have their funds back into their bank accounts as soon as possible, come on people let's stand up together for what is right and fair !

I personally will not stop until I receive my funds, I am 44 years old, my father who put up half the funds is 79 , I just hope l can get justice soon for my dad.

Best wishes 

Mark

Dear Mark:

If you have or are at present trying to cancel the contract, the posterior action against the Bank is always possible.

What is the action your current lawyers are performing for you?