ATLAS INTERNATIONAL again

tanarmurphy

Atlas (& many others) will tell you anything they think you want to hear, WE KNOW 1ST HAND.

Hi bigmurf. Excuse me for delving but you posted in another thread selling spanish property

"me and the wife have walked away from our property in formentera del segura on the advice of a pro he said we would never sell it and if we was going to try and sell it to advertise it in england. we brought from atlas and the y are very good at telling you what you want to hear like its in a prime location and you will have no problem renting it . oh well you live and learn. "

After what you've just said here, did you just put down your deposit then basically change your mind & expect your deposit back  after signing a legally binding contract to buy the property ? Sounds very much as if you did & forgive me if I've misread what you wrote.

The 'Atlas/Aroca/San Jose issue' - In particular, regarding Playa Golf 3 and failure to provide title deeds.

It seems that ther are an awful lot of folks who have been taken in by Atlas, and when you ask them for assistance regarding the securing of you title deeds, they simply refer you back to the solicitor, (in many cases 'Aroca'). The issue is further compounded by Aroca's failure to provide any POSITIVE ACTION to secure our Escritura's. They tell me that 'They have no more information regarding the financial securuity of San Jose Builders, other than has been reported in the Spanish press'. WHY NOT? Surely, since the San Jose offices are located in and around Torrevieja, WHY CAN'T THEY JUST CALL AND FIND OUT?

Considering our method of payment, (by direct instruction from ATLAS), I WONDER WHAT THE SPANISH TAX AUTHORITIES would think of such a questionable procedure.  I also wonder what the Spanish Bar Association, (Colegio Provincial de Abogados de Alicante), would think of Aroca's seeming lack of duty of care regarding this multiplicity of failures to secure title deeds.

Yet another question, regarding these issues must be, 'What service, EXACTLY, was provided by our visit to the Notary in Torrevieja?' Atlas' explainantion was that the interview & notice was in preparation for the release of our title deeds. Apparaently this is NO SO? 

We are working (at the moment) with just one more family, who by sheer chance, we discovered were in the same predicament as ourselves. If YOU are also in this mess, we'd like to hear any comments or suggestions.

Hi,

I hope someone can help me. My mum and i bought an apartment in la murada, orihuela, 3 years ago in cash and in full through atlas/aroca and the builder servicios y proyectos mojica.s.l  and have not received our deeds...surprise surprise!!!!! All the other atlas customers who live on our urbanisation have yet to receive their deeds. We have just found out the seriousness of our case and went to atlas who denied all responsibility and we managed to get our contract of compravenda from aroca with our solicitor and the power of attorney from aroca which we signed so that aroca could sign for our deeds whilst we were still living in the UK at the time. However, we have appointed a new solicitor in albatera to start legal proceedings against the builder as it seems that atlas blame aroca and aroca blame our builder, SPM.SL, as SPM have a mortgage on our property even though they have received our cash payment in full. I have no idea what has gone on as yet as have only started proceedings against the builder and would like anyone in the same or similar situation to contact me as i am willing to take this as far as it goes.... albeit, with not many more life savings left but will do anything and everything physically possible that we take this to the highest attention of the authorities! i look forward to all your replies!!!!

Hi,

I do not know exactly what the problem is when you metion the "lack of deeds"; this could be because the developer went bankrupt, because the building works stopped and are not retaken, because the town hall has paralized the building process... if you could explain this point a little bit further, I could be more specific. From what I read in your e-mail, it seems that the full price has been paid and that the purchasers are living there, even though they have no deeds!  What are the actual reasons for not signing deeds?

In general terms,  when the completion does not come in time, the Spanish law provides that the developer is obliged to give you guarantees through a bank or through an insurance company in order to cover the refund of the paid moneys in those situations. This enables a quicker and safer court process to get the money back, which is alternative to the everyday writ for lack of compliance at court. Did you check this point as you signed the documents? 

As to the course of action, if there are no bank guarantees (and I suppose there is none in force because your solicitor would surely have taken things that way), the only possibility to get your money back is the court proceeding. Given that you have involved a solicitor in this issue, I  think you should trust he will be perfectly aware of the facts and will do the best to care for your interests.

Another possibility to take into account is the denuncia at the consumers' services of the Comunidad Autónoma, because either you have not been provided the right information or because the bank guarantees have never been put in place. However, this is not going to allow you to get the money back: the result in the best of the cases would be a fine.

"Lack of deeds" means just  that. Atlas and Aroca let us pay the developer (Tecnologia Urbanistica) the final installment on our houses direct to the builder. Atlas took us to the bank and then to Tecnologia to pay even though there was a builders mortgage on the land. There were of course no bank guarantees. Tecnologia used the money to buy more land according to Aroca. So basically we are *ucked for the time being. I have been in my property over 4 years.

Don't even mention going to court. The whole bloody lot of them are in it up to their eyeballs.

ATLAS INTERNATIONAL, AROCA SEQUEIR LAWYERS, TECNOLOGIA URBANISTICA, ORIHUELA TOWNHALL etc etc.

Where have you been. They are all corrupt. We are still on builders water and electric which the builder won't pay and yea that's illegal as well. Certificate of Habitation? Don't make me laugh. Don't even mention going to court. It's a paradox. If you win you still lose!!!!! - Rant over.

Have you checked on work license/ First Habitation License in the corresponding Town Hall? First think to verify willobviously be the legality of the development per se. Do you have power supplies under your name?

Best luck and fight hard!

Maria

We have tried everything . The court case against Tecnologia is pending. Basically although they owe millions to nearly everyone, they say they have no money. Why haven't they been declared bankrupt? The urbanisation was legally built but with no Certificate of Habitation I guess it probably is illegal now. As regards electric and water, we have temporary electric meters which we purchased from  Tecnologia. Every month we have to go to Tecnologia to get the bill, pay it to Iberidola (another bunch of bandits) only to get cut off. This has happened 6 months on the trot. We then have to go to the Iberidola office in Pilar De La Horadada and see an idiot called Daniel who apologises and then charges a 20 euro reconnection charge. Scandalous. The electrical infrastructure is in place but we need a document from the architect and as Tecnologia haven't paid them, we are going to have to pay them 600 euros for it. As for water Aguagest will not supply meters until we have our Hab Cert. The Townhall won't help even though they are supposedly holding a bond from Tecnologia. It was certainly paid but where is it? The urbanisation is unfinished with half built Villas attracting vandals etc etc. I can only see change happening when these PP politicians are kicked out of office at the next local elections but of course those of with no Escatura cannot vote as they won't allow us to sign on The Padron even though we have Residencia. Scandalous, scandalous, scandalous!!!!!!!!!!!!!!!!