My Offer has been accepted

I would not allow any buyer to hand over any funds unless they were being exchanged for a valid BG, neither would the lawyers that I use, I know 20/20 hindsight is a womderful thing but it is the way that I brought my off plan properties

Did  you make more than one payment, sur;y of you didn't get a BG after the first payment why did you pay anymore money

I have only been asking about current cases because I cannot find any current problems, yse I do avoid certain developers where their finances are questiionable

Did  you make more than one payment, sur;y of you didn't get a BG after the first payment why did you pay anymore money.

Simple, because I have bought many properties in the UK and kmow that the system is understandable and is trustworthy when the paperwork is available.

In Spain it is difficult to understand the system and (hindsight) there appears to be corruption and competing interests (local licences and town halls and mayors being just a few).

Did I mention gullible in my previous answer?  

Well that means I trusted people and took them on face value.

Did I mention lifes too short to take somebodies word for it in my previous answer?

That means I wont do the same again and urge no-one else to do so.

Hey, I'm not bitter, life has many learning experiences, Im successful in other ways.   But my learning experience from this venture is, dont trust anyone involved in the off-plan purchasing system in Spain (or anywhere else for that matter). 

Potblack not hundreds of off plan propertes have been sold in the last 3 years, in the Orihuela Costa area it is thousands

I don't agree with the way that people have been ripped off in the past, past being the main word and of course if you didn't get a BG, which it has ALWAYS been the law to issue of course there will be a struggle to get back your money but it is no right adding a bit to an old post in an effort to justify your comments

Roy you are misleading people by trying to market yourself as a goody goody Off Plan trustworthy expert with the morals of the Archbishop of Canterbury. That may be true or it may be a pack of lies. I am not that bothered what you preach about yourself. But you should stop preaching that the total Off Plan industry has now changed and is 100% safe with no risks whatsoever. You know full well this industry is high risk, corrupt and full of Spivs. Nothing has changed for the better, only weaker laws of protection for buyers. When the criminals think the coast is clear and they have a few bob start up money they will all be at it again, and you Roy are naively promoting that.

If you are what you say you are, you should do the honourable thing and make a withdrawal statement, clarifying that all you have said only applies to yourself and no one else.

@inspectahome."I would not allow any buyer to hand over any funds unless they were being exchanged for a valid BG"

This may be good advice but we all KNOW that if you ever need to claim on your BG the banks will make you jump through hoops and weasel and lie and make you take them to court and you'll wait three years for a court date and they'll appeal whatever decision so you can wait another three years and you won't get interest, etc. 

There is a good reason that hundreds of billions of dollars of bonds are sold worldwide annually - from Timbuktu to Moscow - all with the words "this bond is issued under English law" or "American law". No-one would think of buying them if they were issued "under Spanish law". Brits should be proud of this reputation; and Spanish ashamed of theirs.

Why take a gamble buying off plan ...why not just buy one of the thousands and thosands of brand  new key ready hang your towels up and away you go properties that are all over The Costa's for sale at nock down Price's.... this is what I did and it worked for me .

Guy I don't know if currently is the case because there are no claims outsatnding based on the lsat 2-3 yaers worth of sales plus often it isn't the bank but an insurance based BG

There are not thousands and thousands of new design key ready properties in this area, if you want to buy one typically lead times are between 9 months and a year in popular araes like La Zenia and Lo Pagan.Windtalke if you have knowledge of these let me know and I will sell them and share the commission with you and I don't mean Camposol or bank repros on a Polaris Resort but in other posts Windtalker you talk about overpaying for a property on Camposol where you will lose money, your comments my Villa completed with pool cost in 2007 €212,000 (£144,000 )I was told my Mercers estate agent I can expect offers of around €125,000 if I sell  buy the time I pay fees and tax I will be lucky if I come out with €110,00 approximately £93,000

I am not trying to mislead anybody my reputation in sales is based on ACTUAL clients and refferencies, unlike most people of this forum people know who I am

I work with many other professionals who like me operate correctly ahd have been around many years so no, I have no plans to withdraw anything that I have said while ipeople like you continue to brand everybody in the industry corrupt I will defend it, as I said thousands of properties are sold every year with no problems

Yes I have also said that there are some developers to stay away from but any decent lawyer will check the contracts and tell you that

As I always say, everything I post is based on REAL LIFE day to day practical dealings with clients, lawyers and developers in Spain, not something that I have read on a website, there's the main difference between me and Potblack and Windtalker who seem to love knocking the country and system

This message was last edited by inspectahomespain on 02/03/2017.

This message was last edited by inspectahomespain on 02/03/2017.

This message was last edited by inspectahomespain on 02/03/2017.

This message was last edited by inspectahomespain on 02/03/2017.

It may be a good thing to tell everyone on a site like this who are the ones to stay away from.

that would be a start I suppose, I get the feeling when you say things like, why pay anymore money with no bank guarantee, you may think it's good to blame the 'punter' for not knowing everything they should. 

Thats where my experiences here differ from the experiences there, and why I will say don't buy anything off plan, let someone else take the risk.  Good advice in my book. 

Thats a very good idea, Roy can you list the builders/agents should all stay clear of ?

I would remark here that it is important to find a good lawyer BEFORE the deposit contract is signed. The whole purchase project can be compromised if there are clauses which tie you from the moment you make this initial small payment.

Article  below might be of help:

https://www.eyeonspain.com/blogs/costaluz/9388/legal-tip-904-deposit-contract-watch-out.aspx

The way that I always advis people is that no money is actually paid to the developer or the agent even though most of the developers have card machines in their offices

I arrange that ALL payments are made to the lawyer, including the initial reservation fee, the reservation contract is sent to the lawyer, before signature, in that way the buyers are more protected

Roy, That’s not the question you were asked

Thats a very good idea, Roy can you list the builders/agents should all stay clear of ?

It may be a good thing to tell everyone on a site like this who are the ones to stay away from.

I arrange that ALL payments are made to the lawyer, including the initial reservation fee, the reservation contract is sent to the lawyer, before signature, in that way the buyers are more protected

Roy,

To my mind you should advise that money is paid to a lawyer, and say you wont accept it otherwise, you should advise a buyer to find a lawyer and say where a list of these can be obtained and which regulatory body they belong to.

Over here when anyone says they can 'arrange' payments, it has a very real possibility that using a preferred lawyer can be involved, commission on referrals, developers receiving favourable outcomes possible, all kinds of unethical possibilities.

These things are regulated and advised to people in the UK with a list of 'key facts' given BEFORE any contract is even presented.  A person finds out the valuation of a property, the amount a bank can lend, the payments and interest over the whole term.  The lawyer provides information of what you onw, what serfvice agreements there are. a surveyor ensures the property is in fit condition and everything works as intended.

All this before a contract is scrutinised and signed, and guess what, it takes only a matter of a few weeks.

Thats why many English people are gullible and they should do exactly what Maria is saying.

Roy I think you are using this thread as the ‘’Roy Howitt Independent Property Consultant Off Plan’’ advertising campaign.

You have made some extraordinary statements ‘’ALL OFF PLAN IS 100% SAFE WITH NO RISKS  WHATSOEVER’’ Which no one believes.

You have preached why everyone should use you because you are more honest and reliable than the Pope.

You talk down to people as if they are uninformed fools.

When asked questions you just ignore them.

Roy you are starting to sound like a con man.

I agree with many of the coments from those who have suffered by the Agents who tell many untruths when conducting viewing. Feb 2007 we went to Spain with the Atlas Group and were taken to many apartments along the Costa Banca. The first of those we viewed were either new builds or shabby & undesirable. The final one was in a new complex which was almost ready, The show apartment very comfortable and very much what we wanted. The agents told us that just one apartment on the bottom floor was available as the others were all sold.

We loved the outlook and the neat design of the 2 bed property with 2 Bathrooms, the complex had a Pool and underground Garage. Just what we had dreamed of.

No wonder we fell for it and paid the £10k deposit. Now March 2017 and we still wait for the HC or !st Ocupation Certificate. the lift was working when we completed in Feb 2008, but on the our return for a holiday in May their was no lift, no Road Built, Electric cuts. 

The builder had ceased to trade, We did however have a community and an administrator who help us get over may problems but were unable to protect us from the Huge bills the Builder left behind, costing the 12 non national owners £1500each in Utility bills unpaid during the construction. 

The builder had not paid the lift company and the Utilities & we still have NO lift or. Road Built 2008.

We were all fairly happy because we were told things would be sorted very soon SADLY now 2017 and the complex are still in the same position. maybe 12 community Meetings with administrators but still we are waiting.

2017 Still NO Lift, and many items completed by the community funds which have cost from €80 to €100 a month. We are now in our mid 70s but many other owners are very much younger, and have at last take the builder and the legal teams to court.  

Not sure if we will ever move to Spain after these almost 10 years of worry although we have spent several holidays in our lovely apartment. Made many friends for life. We do so love Spain but feel we have been punished.

Before purchasing our apartment we had been looking & viewing for 6 years for our Spanish Retirement Home. studied all the downfalls & read all the brochures BUT Sadly it has been almost 10 years of worry.

My advise to you is to MAKE SURE THE Habitation Certificate is in Granted. SEE it in Print. The Lawyers, Agents & Builders are all made in the same mould. Because The LAW'S in SPAIN are very different to the UK.

Funny how inspectahome advised people to not buy off-plan when he made his money snagging properties but now advises people to buy off-plan properties when he makes his money from selling them. 

Quoted from CNN

"There are some basic safeguards for those still interested in investing, said Roy Howitt, a Briton who has conducted thousands of independent inspections of homes in Spain on behalf of buyers, through his snagging business, Inspecta Homes Spain.

Howitt advises the first action should be to hire a lawyer, not connected to the developer, who can confirm that the property has been built legally with all the necessary permits.

And then to secure a bank guarantee document for all money paid to the developer, so that if problems arise, the bank should provide repayment.

"The consumer system in Spain, if you know how it operates, is very strong," Howitt said.

Howitt and others also advise that buyers consider already-completed homes, instead of buying from a developer's plan, and even furnishing the properties with second-hand furniture, available locally.

"There are a lot of developers who have cleaned up their act, there are lawyers who have cleaned up their act. It's much more of a buyers' market now than it ever was previously," Howitt added."

Poedoe:

If there is no FOL you can ask involved banks for the refund of all you paid before and after completion.

Funny how inspectahome advised people to not buy off-plan when he made his money snagging properties but now advises people to buy off-plan properties when he makes his money from selling them. 

Roy Howitt hang your head in shame.

I have been out working all day, I have a job selling properties,  but as we all know the market changes and so do consumer laws and what hasn't been mentioned was that the CNN article was actually in 2009, Duncan check your facts, when the colapse of the developers was at its height, resorts like Polaris, La Tercia Real, United Golf, Tres Molinos and Fortuna Golf and Country Club were dropping like flies so the advice at that time was relivent to that time, 8 YEARS AGO, Potblack and Duncan 8 years ago

Also 8 years ago by advising people to be careful when buying off plan, I was making my income from checking newly built properties this advice would actually cost me money, but it was the correct piece of advice to give prople, based on what was happening, at that time, 8 years agomand I was correct

My entire theme through this has been to repeat, is that anyone been having trouble on new build properties in the last 3 years, all we hear are the old cases which I agree are criminal

I am delighted that even back in 2009 I was advising people regarding obtaining the BG, the Cerificate of Habitation and not completing till everything is the place, EXACTLY THE SAME, advice as I am giving now 9 years after writing these articles

At NO POINT have I said that buying any property is 100% safe, what I continue to explain is that you need to understand and adhere to the rules, unfortunatley people that paid without gettimg a BG or completed without getting a COF didn't either know about the process

I have not ignored a single question but the developers that I don't use are from my experience and information, which is confidential to me and has been collected over many years, knowledge that my clientts pay me for and I have NEVER had a problem with any new buld purchase in the last 3 years

The other complication is that it isn't actually the builder that sells the property, it is a promoter so there may be some sites from the same promoter that are OK and other where they are promoting another builders product that I won't touch

I am confused because I am advising that ALL payments should be made through your independant lawyer

OK people here's your chance for anybody quoted on here,, who has no interest in buying a property in Spain, that doesn't work in the industry, and have any CURRENT market experience, to have a go at me by posting old information or accusing me of not answering questions, or misquoting or spinning my postings, Potblack hang your head in shame

If my information helps just one person who is going to buy I will be happy,

MAKE SURE THE Habitation Certificate is in Granted before you complete, which has always been the law in Spain

This message was last edited by inspectahomespain on 04/03/2017.

Roy you said

Is the system 100% safe, yes if you follow the rules,

Roy we all know nothing (least of all Off Plan) is safe in Spain.

** EDITED - Against forum rules **