Hi Everyone,
Received the following today and found it worrying! I had been buying a property off plan at this development but it finished well over time and the owners were operating it as an aparthotel without all the licences being in place - the licence of first occupation was issued. I did not want to go ahead with the purchase due to the lateness, lack of legal licence and also the fact that the aparthotel status - which I was not made aware of when purchasing, was preventing me from securing a mortgage. I contacted a lawyer with a view to reclaiming my money but due to completion and licence of first occupation I believe that the bank guarantee no longer applies. In order to progress my case further ie to court I need to pay more money to the lawyer which due to the current climate I have been unable to do as yet. I believe that currently I would be considered as an unsecured creditor as the apartment is not in my mine and also I have not yet commenced court action.
Can anyone give me any advice as to whether it would be of any advantage to try and quickly find money to progress the court papers or will this not make any difference.
Is there any hope????
Thanks
Letter Received:
Dear owners:
We contact you to inform you of the situation our Company has been involved along these last months.
As owner of an apartment in El Goleto, Manilva you´ll know the problems that Finca Don Amaro S.L has with regards to the impossibility to hand in a great number of apartments due to several causes. The short numbers of apartments that have completed the final purchases have not been enough to face the problems of cash flow the company is going through. This lack of cash flow has prompted our impossibility to meet payments with several suppliers as well as creditors.
Due to this situation our company has been affected at present by several seizures of properties ordered by Court we´ve been avoiding up today our best. But the situation cannot be maintained any longer as far as the Spanish Treasury has noticed Finca Don Amaro S.L the imminent seizure of properties owned by our Company that includes the property you purchased time ago, that is the property you didn’t complete once the occupation license was issued. This property is still in the name of Finca Don Amaro S.L in the Register of Land and against this property the Treasury will act.
The main consequence of this imminent seizure for Finca Don Amaro S.L. is the loss of the property and, for you the loss of your investment as well as the loss of the money paid in advance for the purchase of your apartment due to the Company will go into liquidation.
We also send this letter to let you know that Finca Don Amaro S.L was contacted months ago by a group of investors interested in the purchase of these related apartments. The offer of this group of investors consists in the purchase of the apartments at low cost , this means the group of investors will take over the mortgage on the apartment and would pay fifteen thousand euros (15.000,00.-€). This 15.000,00.-€ would be reimbursed back to you when the investors complete the final purchase before a Public Notary.
We have not let you know about this offer before but as the situation is now very complicated and can be even more in the future we ask you please to think about this and accept to cancel your contract with a reimburse of 15.000,00.-€. plus VAT. In other case the possibility to loss the ownership of the apartment as well as all the money paid in advance is liable to happen.
We hope you understand the importance and seriousness of the situation and ask you to think about this proposal. In the even you don´t accept this offer we regrettably must inform you the seizures will occur very soon and we could not then reimburse you any amount at all because the Company will go into liquidation.
Please consider this offer and come back to us directly contacting Mrs XXXXXXX on XXXXXX or by email XXXXXXX or through your lawyer to know about your decision.
Best regards
XXXXXXXX XXXXXXX
Director Manager.