04 Feb 2010 12:00 AM:
Dear Maria, I placed a large deposit for an off plan apartment in Almoradi in April 2005 with a completion date of September 2006. The apartment was completed in September 2007 and I went to Spain to complete the purchase in December 2007. The developer stated he would not complete until the end of January but after 14 months with no prospect of completing I instructed a new lawyer to take the developer to court. According to my lawyer the company Proalto is still in business, it had taken out mortgages against the properties and some purchasers had been offered to pay an additional sum on top of the purchase price, the excess to be paid back later by the developer, I did not receive any offer and would not have taken it up if I had. In the eleven months since instructing my new lawyer there seems to be no news of a court date. I realise that the legal system can take time but is this a normal time period and what advice could you give to move things along. I would appreciatge any advice you could provide.
Kindest regards,
Anna
Thread: Problems with developers
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18 Dec 2008 12:26 PM:
Hi, I have very little sympathy with spanish developers. I put a large deposit on an off plan apartment in April 2005, The contract stated the completion date would be September 2006. The apartment was completed in late 2007 and I transferred the necessary funds to spain and went out for 5 days to complete etc. The developer refused to sign until the end of January 2008 and almost exactly a year later I am still waiting. I have like others in the same position have decided to sue the developer for breaking his contract. The promotor has gone into administration, the builder is giving his debtors apartments in payment which they are renting out and despite the efforts of several lawyers no one seems to be able to contact the main man. I have had months of stress and now like others have had enough. If only the people concerned were up front about the issues and problems they faced and kept the buyers informed things might have been different. I can ill afford to lose the money I have already invested but would welcome any thoughts about the costs and likely success of taking the builder to court in Spain. I see littlle point in throwing away any more money if I am unlikely to get even a small percentage of my money back.
Rregards,
Safia
Thread: Is The The Tide Turning
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16 Jun 2008 2:00 PM:
Hi,
Have been reading the e mails about Grupo-Masa and the illegal electricity scam, fascinating but sad that buying a property in Spain is so fraught with difficulties. I have been waiting to sign for my property since December 2007, the property is finished, I visited it in December but the developer Idearco would not make an appointment to sign, when he finally did, sent in the administrator the day before and has after a large amount of publicity cleared the site, the road has been made up. The administrator seems very effective but the builder has informed my lawyer that he will not be signing off any more apartments until he has the building licence. I understand that even though he has 45,000 euros of my money, should he go bankrupt or seek protection from creditors I will be an unsecured creditor and lose the money I have paid so far. I like the other purchasers feel angry and helpless. Has anyone any ideas as to whether there are any steps which we can take to move this process along. At the moment I just feel like giving up.
Safia
Thread: Grupo-Masa and the ILEGAL electricity scam
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16 Jun 2008 1:59 PM:
Hi,
Have been reading the e mails about Grupo-Masa and the illegal electricity scam, fascinating but sad that buying a property in Spain is so fraught with difficulties. I have been waiting to sign for my property since December 2007, the property is finished, I visited it in December but the developer Idearco would not make an appointment to sign, when he finally did, sent in the administrator the day before and has after a large amount of publicity cleared the site, the road has been made up. The administrator seems very effective but the builder has informed my lawyer that he will not be signing off any more apartments until he has the building licence. I understand that even though he has 45,000 euros of my money, should he go bankrupt or seek protection from creditors I will be an unsecured creditor and lose the money I have paid so far. I like the other purchasers feel angry and helpless. Has anyone any ideas as to whether there are any steps which we can take to move this process along. At the moment I just feel like giving up.
Safia
Thread: Grupo-Masa and the ILEGAL electricity scam
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12 Apr 2008 5:58 PM:
Dear Maria,
Thank you for your e mail. I have read a large number of your e mails on the forums and am amazed that a lawyer of any nationality is willing to give free guidance to people she has not met. I realise I sound cynical but in the circumstances I am sure you can understand why. My 'law firm' PSI state that I should complete if possible otherwise I might not even get my deposit of 42,000 euros back. Would you agree with their advice and if the worst happens how do I go about contacting a commercial magistrate (is a magistrate in Spain a special type of commercial lawyer, in England they are types of judges in the lower courts, not trained lawyers). Thank you again for your comments.
Kindest regards,
Safia
Thread: Disappearing developers - what is the right course of action
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