aborted purchase in Murcia

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This topic contains 11 replies, has 6 voices, and was last updated by Profile photo of Anonymous Anonymous 11 years ago.

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  • #51351
    Profile photo of Anonymous
    Anonymous
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    We purchased an off plan property in Murcia in January 2003 via Iberian, from the builders Tecnologia. We were given a completion date of December 2003, this was wrote in the contract, a clause exhists whereby if the property was not completed 6 months following this date we could withdraw from the contract and the builders would return all monies paid plus interest. The build was not started until 2004, and in jan 2005 when we again visited the property was a long way off completion and next door a commercial centre was being built. Following discussion with our lawyer (english) we decided to abort the contract. Following months of discussion via our lawyer and the builders, it was agreed that the builders would return the money. A date was set for this in October. We were then told that the builders had contacted the lawyer to say that Iberian were still holding about €50000 euro so they wouldn’t be returning the whole amount (we are not sure if thsi is a ploy or if it is true, I have wrote to Iberian for clarification). In the end no money has been returned. Our Lawyer says the only thing we can do now is to start court procedings. So after already paying several thousands in legal fees we have deposited €5000 with a spanish barrister to commence procedings. We have no idea how long this is likely to take. We are in the red for many thosand £ as we had already paid 75% of the property cost. Does anyone have any advice or similar experience in these situations. I am under the impression that court procedings will take a long time and even if we win I am presuming that the other party may have a right to appeal. Any words of advice would be warmly welcomed. I don’t discuss this with friends as I feel like such an idiot for getting into this mess in the first place.

    Thank you in advance.

    Jane

  • #59818
    Profile photo of Anonymous
    Anonymous
    Participant

    Jane, thank you for your reply, now reading your problems mine don’t seem so bad.
    I will abort this venture before I waste more money, but I would like to find out if there is anything that can be done about my 6,000 euros for the reserve deposits.
    I wish you luck and that the process does not take much longer before
    it is resolved to your agreement.

    yours fed up (but probably not as fed up as you!)

  • #59644
    Profile photo of Anonymous
    Anonymous
    Participant

    Jane, thank you for your reply, now reading your problems mine don’t seem so bad.
    I will abort this venture before I waste more money, but I would like to find out if there is anything that can be done about my 6,000 euros for the reserve deposits.
    I wish you luck and that the process does not take much longer before
    it is resolved to your agreement.

    yours fed up (but probably not as fed up as you!)

  • #59820
    Profile photo of Anonymous
    Anonymous
    Participant

    Jane 1

    There is a topic re. this company on the general forum at torrevieja.co.uk

    under the title ‘colinas del lago’

    Also take a look at tecnologiaurbanistica.com/

    Good luck

  • #59824
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Jane,

    We are having a nighmare experience in Murcia too. Which development are you buying on?

    Tilly

  • #59828
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi,

    we were buying on the colinas de campoamour. There are only a few properties on this development. 6 houses and some apartments. It is on the road just past las ramblas going towards Villa Martin. It was quite a nice spot.

    What about yours where are you buying and from whom?

  • #59834
    Profile photo of Anonymous
    Anonymous
    Participant

    I find it hard to come to terms with the fact that although there are laws in Spain which are supposed to prevent this sort of thing happening they seem to be flouted on a regular basis by developers without any intervention by any government departments.

    Taking these matters to court seems to take such a long time and is so fraught. I thought I read in a newspaper some time ago that the courts were clamping down on developers doing this sort of thing and fast-tracking these cases, but that was Alicante.

    Murcia are very keen to attract British tourists and British purchasers but they don’t seem to have much interest in protecting their interests.

    http://www.roundtownnews.com/articles.asp?ID=3993&fecha_pub=04/11/2005

    We are buying on Mazarron Country Club, developer is Huma Mediterraeo.

    Tilly

  • #59843
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks for the link Tilly, Dorothy had sent some links which I followed up . There are lots of people in the same situation as me with the same builder. Lots had bought via the agents Iberian and atlas. We are told that neither Iberian nor atlas now deal with tecnologia. I can only hope that the builders stay solvent long enough for us to take them to court.

    Jane

  • #59847
    Profile photo of Anonymous
    Anonymous
    Participant

    I’m really sorry to read about your situation Jane. It might not be much consolation but I don’t think you should feel like an idiot. It sounds like you were buying in good faith and have been badly let down by the companies you dealt with (but given the names you mention, I can’t say I’m that surprised). Unfortunately in your circumstances you must now rely on the civil code and your solicitor. Given what you have said about the clause in your contract you should win, though it does mean more time and expense. Best of luck and let us know how it goes.

    Kind regards

    Mark

  • #59849
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks for your kind words Mark. 😀 This site has really helped I’m just keeping my fingers crossed that the builders don’t go bust or otherwise disappear before we get to court. Do you have any knowledge of anyone who has received a refund from technologia?

    Thanks, Jane

  • #59852
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Jane,

    Sorry to hear about your problems and hope you reach a positive solution. With regard to your concerns about the builder not being able to pay, even if you win the case, has your lawyer suggested a search in the Land Registry of any properties owned by the builder so he could apply for an “embargo”? This would at least advise any potential buyers that there is a claim against him. I don’t know exactly what evidence or documentary proof would be needed but parallel to the normal legal case I would seriously consider trying to also place an “embargo” on any bank accounts the builder may have.

    Good Luck

    Terry English

  • #59853
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks Terry,

    I’ll ask the lawyer about the embargo. 😀

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