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We have the same problem with Viva Estates although we withdrew because there was no planning permission. So far we have got 4200 euros back (70%) from the developer, Viva say it is not their problem as they passed the 6000 deposit on to the developer.
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This message was last edited by JeansSis on 5/17/2007.
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Suki- don´t feel stupid. These sales people from Andalusian Dream Homes are very well oiled and trained to get you to sign on the dotted line. You are not the first people they have managed to convince what a fantastic opportunity you have in front of you and if you don´t go for it you will loose out big time. They have talked people into buying more than one unit off plan and made promises of great investment and that they will sell them off for you before completion. Once they made the sale they just don´t want to know you ,after making out to be your best friend and that they will be there for you at all times. I am really sorry to hear about your story and hope you can get some justice. Hopefully you can get some good legal advice from Maria.
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Suki - this may not be very comforting, but if you cannot get your deposit refunded, then losing 6,000 euros may be the better of two evils. You could lose a lot more if the units you have purchased do not perform for you and you take out expensive loans to complete. I am appalled that ADH sold to you in this way and at this time. A few years ago, maybe you could have sold on easily, but they know that market is long, long gone. Of course, we are all responsible for our actions and, as Janice says, a contract is a contract. But they have definitely crossed the line between legitimate sales patter (after all, it is an agents job to sell) and downright deceit. You have been mis-sold but you should not feel stupid. If you are, then you are in the company of many fools, myself included.
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Hi Suki reiterate contact Maria de Castro but worth checking with your card provider also - not sure on consumer law in the UK now but you may have some protection from them. Persevere and dont think badly of yourself you arent the first to be sold the dream and I have no doubt that you wont be the last. I keep telling people dont leave your brain on the plane - nothing against you individually but so many people who do things in Spain they would never dream of doing back in the UK.
_______________________
Smiley - patrick@marbellamortgages.com www.marbellamortgages.com www.comparetravelcash.co.uk
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This message was last edited by JeansSis on 5/17/2007.
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Suki - check immediately with your card provider. In Spain credait cards are a nightmare as the bank holds onto the funds for a while until they have cleared.
I remember a few years ago I took a cc booking for a rental. They guy got ratted, didnt turn up and blamed us. Anyway even though we had his signature, he got his funds back from the cc company - and he was Russian!
Dont delay and ensure you kick up a stink. The money wont be physically handed over and you have a very good case for duress - although you may need to start action in the UK
The contract will be under Spanish law and Maria or another lawyer would be able to advise you fully, but time is of the essence.
The consumer credit act is strong and this is europe, but it depends on many factors such as place of contract and originallity of the c card.
Talk to your cc company, put it in writing to them and seek a lawyer perhaps in the UK.
And bad publicity usually gets these guys to hand money back - they keep enough of other people dosh as it is
Good luck and let us know how it goes
_______________________
Quite frankly m'dear, I don't give a damn!
www.herbalmarbella.com
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Suddenly I don't feel so isolated and down anymore, its a blessing I came across this forum and across such helpful souls, thankyou all.
We did contact our credit card company, they said we were half a day late as the funds had already been transferred.
We will get in touch with Maria on her return from her vacation. Persevere we will.
I have also emailed the developer (http://www.hinojosacarnerero.com) requesting for a refund (worth a try) had to get the letter translated to Spainish as when I called them no one could speak a word of English. I'm still trying to learn the lingo.
Once again thankyou all and will keep you posted of further development.
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Regards
Suki
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This message was last edited by JeansSis on 5/17/2007.
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Latest is: I have contact Maria de Castro but as yet have not had a reply so still waiting on that.
Also heard from the ADH and they suggested that they are willing to transfer the deposit into one off-plan so that we do not loose the deposit. They just playing games as ADH said they have paid deposit to developer. We did email the developer but they not responding.
ADH called again saying we will honour the deposit and hold it until we are ready to buy property, this is all verbal so I emailed them asking them to confirm whether we can transfer this deposit to any property e.g resale but no response to this.
Will keep trying.
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Regards
Suki
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This message was last edited by JeansSis on 5/17/2007.
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Dear all,
Lets get a few things straight here. Profit from selling an off plan contract before completion was only possible if you had a very good unit, and between the years 2001 and 2004. Value of a new built was rising enough in those days to off set costs and indeed some reasonable profit could be made. However, in 2005, capital growth in the Malaga region dropped by 7%, and is now in fact around the 4% PA. The famous 'Builders Increases' which would help boost your profits, are now not materialising, and in quite a few developments we are seeing prise reductions. Furthermore, the Spanish government has as good as closed the loop hole which allowed spectulation on this scale to carry on, and are making it very difficult to sell a unit on before completion through changes in the tax code etc. The market has changed, and properties have become a long term investment. And as long as the sun shines here, the Costa del Sol will remain one of the most desirable areas of Europe to own a property, which will show a healthy return in a few years.
Yours,
Ivo, asesor fiscal, Marbella
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Ivo, you are preaching to the converted (see my post 2nd April) and you are, of course, correct., although I am surpirsed you are quoting any capital growth at all.. The issue on this thread is surely the attitude and actions of ADH.
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Just to say that ADH have contacted us regularly (about every 6 to 8 weeks) to check if there is anything we need to know and anything they can do for us. A simple 2 to 3 minute courtesy call. As we get nearer to the expected completion date (June 2008) it is comforting to know that they are doing what they promised, so not all bad about ADH.
Kelju
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Hi Kelju,
We purchased through ADH in March this year for a 2 bed apartment in Samos block, Coto Real, Duquesa Golf,
we completed and moved in July 25th, with no problems with the tranaction or communication at all, we had a small
snag list which was undertaken within 2 weeks and ADH looked after the keys for us whilst we were back in the UK.
We are very pleased with the apartment and location, and our experience with ADH was very good.
Richard and Wendy.
. http://www.eyeonspain.com/forums/return.aspx?n=219&t=85&u=rabctree
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RAB
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Hi Richard & Wendy,
I have sent you a PM
Kelju
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Hi - we have just completed via ADH. We cant fault them.They have been extremely helpful, have looked out for us along the way and are, as we speak holding the key for us and supervising the furniture being delivered. We are being collected at the airport at the weekend where they will deliver us to our apartment and hand over the keys. In fact everyone has helped, we are very happy with the service we received via Lawyers of Spain, and our mortgage broker, Smiley - Patrick Robinson. We cant wait!!
Mimmie
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