Polaris world please help

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15 Oct 2008 12:00 AM by dawnv Star rating. 1 posts Send private message

good afternoon
I have just joined this forum and have found some very interesting articles and I am hoping for some help and advice myself.
We explained that due to investing some money we would not be able to complete until January/February 2009, this was understood by several of the staff at the Mojacar office of Polaris World.
We paid our initial €3000 deposit and the first payment of €32443.75 to Polaris World in May 2007 for an apartment in The Condado Alhama, we received a photocopy of the bank guarantee which is dated 21st November 2007  for these amounts after many emails and phone calls to the Mojacar office.
The second installment was paid in March 2008 of €23705.85 which again to this date even after emails and phone calls we still have not received the bank guarantee for this installment.  We have clearly stated to staff that we will NOT proceed with the completion until we have the BG, they promise to chase it up but to no avail.
PW have now requested us to complete in November 2008 which has taken us by surprise and we are currently organising a mortgage, however with our investments in Icesave which we cannot access ( for some of the balance)and the BG not appearing we are in absolute turmoil which is starting to affect our health. 
Legally what are our options?
1. If we decide to pull out of the sale, what penalties would there be to us?
2. Would we get any money back?
3. Polaris World clearly state on their websites that BG are issued with every payment so are they in breach of contract?
4. We need to put in place a Notary as I will not be available in the next few months as my mother is very ill and I need to be with her, so we might need Power of Attorney, can you reccoment anyone or would you be prepared to do this service and at what cost?
Sorry to bombard you with so many questions,!
Kindest regards  STRESSED PERSON!







This message was last edited by dawnv on 10/15/2008.



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15 Oct 2008 5:16 PM by georgia Star rating in Algorfa (As seen on .... 1835 posts Send private message

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Hi Dawn,
There is an agent on the forum that sells PW.
He would probably be the best man to answer some of the questions as he recomends Polaris quite often on here.
Try sending a PM to Rowlandsbb or maybe he will pop in??
Regards
Georgia

_______________________
www.taylorlandandpropertygroup.co.uk still here after all these years!



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19 Oct 2008 9:41 AM by michaelhardy Star rating in Bishop Auckland & Ja.... 597 posts Send private message

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Hi Dawn

We have just completed on our property in Condado in July and got loads of advice on the Eye on Spain Off Plan Development Forum for Condado.

We eventually got both our bank guarantees after much chasing by our solicitor -  however you have to hand these back on completion.  It is a legal requirement to offer a bank guarantee when buying off plan but many builders have not been providing them. 

I have no experience of pulling out of the contract but from the other posts that I have read this can prove very difficult.  I know of people who have lost the 40% deposit because they weren't able to complete.

I would recommend you look at the Condado forum - it gives lots of useful information. 



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20 Oct 2008 12:31 AM by Rixxy Star rating in San Pedro. 2010 posts Send private message

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Dawnv - many people have been caught by this and some have managed to put completion off. It depends on how strong your lawyer is and how good your case. I belevie the contract does not state they cannot request you to complete earlier than stated.

PM Smiley patrick@marbellamortgages.com as I know he has helped several people in the same predicament. Good luck



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Quite frankly m'dear, I don't give a damn!

www.herbalmarbella.com




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21 Oct 2008 6:10 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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The reading of your contract and publicity used to market the property is needed for a legal valuation of your situation.




This message was last edited by mariadecastro on 10/21/2008.

_______________________

Maria L. de Castro, JD, MA

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Director www.costaluzlawyers.es

El blog de Maria



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26 Oct 2008 5:33 PM by joeblog Star rating. 13 posts Send private message

i,ve seen many complaints on the polaris customer forum polarisworldforum.net (someone takes off the negative messages pretty soon after being placed) but this may help as other customners are in the same boat as you.





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21 Nov 2008 8:57 PM by Sherry24 Star rating. 20 posts Send private message

check out the problems with terrazas resort and deliveries and Hacienda lack of town facilities at the moment and one wonders what on earth is going on!!!





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26 Nov 2008 12:20 PM by Sherry24 Star rating. 20 posts Send private message

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