Cancel contract Santa Maria

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This topic contains 78 replies, has 9 voices, and was last updated by Profile photo of Anonymous Anonymous 10 years, 4 months ago.

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  • #52002
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi there

    I am currently weighing up my options and am considering cancelling my contract at Santa Maria. Has anyone else on here done, or tried this?

    What are the financial implications? Can you be forced to complete?

    Any advice much appreciated.

    Thanks

  • #63871
    Profile photo of Anonymous
    Anonymous
    Participant

    I assume its Los Lagos and I assume you are not signing because there is no Licence of First Occupation yet?

    A lot has been said on this forum regarding LFO’s I’m sure you’ve read them all and I don’t know of anyone whose cancelled yet, although I have a friend who has apartment at Los Lagos and his lawyer is saying don’t sign until it’s provided. Strangely enough this seems mainly because the lawyer doesn’t want my friends air-conditioning damaging by the builders electricity supply! He seems unconcerned and is ‘sure’ the LFO will appear soon.

    I once asked my solicitor in Spain ‘what would happen if the promoter did not complete the apartment on time’ The reply I still have in an email and I quote ‘If the vendor does not deliver in time he will breach the contract with you, which entitles you to cancel the contract (if you want), giving back to you the amounts that you had paid plus the legal interest‘

    I think Los Lagos is behind schedule and you could try that, it all depends on what your lawyer says.

    I hope this helps

    Regards

    Paul

  • #63671
    Profile photo of Anonymous
    Anonymous
    Participant

    I assume its Los Lagos and I assume you are not signing because there is no Licence of First Occupation yet?

    A lot has been said on this forum regarding LFO’s I’m sure you’ve read them all and I don’t know of anyone whose cancelled yet, although I have a friend who has apartment at Los Lagos and his lawyer is saying don’t sign until it’s provided. Strangely enough this seems mainly because the lawyer doesn’t want my friends air-conditioning damaging by the builders electricity supply! He seems unconcerned and is ‘sure’ the LFO will appear soon.

    I once asked my solicitor in Spain ‘what would happen if the promoter did not complete the apartment on time’ The reply I still have in an email and I quote ‘If the vendor does not deliver in time he will breach the contract with you, which entitles you to cancel the contract (if you want), giving back to you the amounts that you had paid plus the legal interest‘

    I think Los Lagos is behind schedule and you could try that, it all depends on what your lawyer says.

    I hope this helps

    Regards

    Paul

  • #63873
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Paul thanks for your reply.

    The apartment in question is in Santa Maria Village built by Sifasa. I have done quite a bit of research on this website, and was wondering if anyone else was in a similiar situation.

    Thanks anyway

  • #63673
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Paul thanks for your reply.

    The apartment in question is in Santa Maria Village built by Sifasa. I have done quite a bit of research on this website, and was wondering if anyone else was in a similiar situation.

    Thanks anyway

  • #63874
    Profile photo of katy
    katy
    Spectator

    Phew, I think Claire and Charlie are the ones who can fill you in on this development, have you read their posts?

  • #63674
    Profile photo of katy
    katy
    Spectator

    Phew, I think Claire and Charlie are the ones who can fill you in on this development, have you read their posts?

  • #63875
    Profile photo of Anonymous
    Anonymous
    Participant

    .
    Go to page 2 of this General Forum, read thread ‘Forcing completion and Habitacion Licences.

    The lady who posted the original thread bought at Santa Maria Village – maybe you could pm her and exchange news!

    Barbara

  • #63675
    Profile photo of Anonymous
    Anonymous
    Participant

    .
    Go to page 2 of this General Forum, read thread ‘Forcing completion and Habitacion Licences.

    The lady who posted the original thread bought at Santa Maria Village – maybe you could pm her and exchange news!

    Barbara

  • #63876
    Profile photo of Anonymous
    Anonymous
    Participant

    Is there a problem at Santa Maria Village, n5tew?

    I’ve don’t remember seeing it on this board or http://www.devwatch.com

    Just curious

    Regards

    Paul

  • #63676
    Profile photo of Anonymous
    Anonymous
    Participant

    Is there a problem at Santa Maria Village, n5tew?

    I’ve don’t remember seeing it on this board or http://www.devwatch.com

    Just curious

    Regards

    Paul

  • #63878
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi there

    Thanks for your replies. The FLO has not been issued nad they are pushing for completion. bearing in mind the situation in Marbella, i am considering cancelling my contract. I was querious to see if anyone else had done this?

  • #63678
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi there

    Thanks for your replies. The FLO has not been issued nad they are pushing for completion. bearing in mind the situation in Marbella, i am considering cancelling my contract. I was querious to see if anyone else had done this?

  • #63885
    Profile photo of Anonymous
    Anonymous
    Participant

    N5tew,
    You are in the same situation as many people that I know from Santa Maria Green Hills, just along the way from SMV. The upper blocks that we were buying into were never built. It has taken Charlie & ourselves a very long time, and several lawyers between us to get the Court to reimburse us our large deposits we paid back in 2003. In fact we are STILL awaiting these funds! Ours was to all intents and purposes, a straight forward case.

    Some people from the lower blocks have court cases pending, as there is also no LFO and it is a year since the contracts expired. This is proving to be more difficult with the courts. What one is told at the outset of purchasing off plan in regards to a situation of no build, no LFO, bankrupt developer etc, IE, you’ll get your money back +interest is very hard to put into practice. You will need a good lawyer.

    Sifasa, Eralia are all tied up. Therefore Los Lagos, Santa Maria Green Hills, and Santa Maria Village are all tarred with the same brush, as are some others in Elviria.

    I wish you lots of luck ….and patience! 😉

  • #63685
    Profile photo of Anonymous
    Anonymous
    Participant

    N5tew,
    You are in the same situation as many people that I know from Santa Maria Green Hills, just along the way from SMV. The upper blocks that we were buying into were never built. It has taken Charlie & ourselves a very long time, and several lawyers between us to get the Court to reimburse us our large deposits we paid back in 2003. In fact we are STILL awaiting these funds! Ours was to all intents and purposes, a straight forward case.

    Some people from the lower blocks have court cases pending, as there is also no LFO and it is a year since the contracts expired. This is proving to be more difficult with the courts. What one is told at the outset of purchasing off plan in regards to a situation of no build, no LFO, bankrupt developer etc, IE, you’ll get your money back +interest is very hard to put into practice. You will need a good lawyer.

    Sifasa, Eralia are all tied up. Therefore Los Lagos, Santa Maria Green Hills, and Santa Maria Village are all tarred with the same brush, as are some others in Elviria.

    I wish you lots of luck ….and patience! 😉

  • #63893
    Profile photo of flw
    flw
    Participant

    I don’t know what’s the situation of your particular block in Santa Maria Village, and I’m unaware if more than one license exists for this development. However, according to our investigations, the license under which block 4 was built is legal. It was granted according to the 1986 General Plan of Marbella, and no building volumes have been exceeded. It is true it holds a LFO by administrative silence, which the Town Hall claims it will “convert” to a proper LFO after a few minor defects are corrected by the building company (this has been going on for several months)

    We know the developer is pushing hard for clients to complete, as they are probably facing financial difficulties after all the mess with other developments like Green Hills or Los Lagos. I would take Claire’s recommendation to find yourself a good lawyer before deciding between completing or cancelling the contract, as the immediate financial implications of the latter could be severe (upon cancelling the contract the developer will keep half your deposit, considering the developer believes he has the right to do so, for he thinks all the licenses are in place – even the LFO by Administrative Silence). In this scenario, according to the lawyers I’ve spoken to, you will still have a case, but be prepared to claim your moneys from the developer through a court of justice.

    Please note that every circumstance is different, and that every case must be reviewed by a qualified lawyer before taking any irrevocable step. At least know your pros and cons. It will be in the end your decision.

    For any of you who disagree with anything I’ve posted, I would be grateful if you could keep a relaxed tone if you wish to reply to my comments. I’m not biased in favour of either completing or pulling out, as I have no interests whatsoever in this matter. I am here to help, just like everyone else.

  • #63693
    Profile photo of flw
    flw
    Participant

    I don’t know what’s the situation of your particular block in Santa Maria Village, and I’m unaware if more than one license exists for this development. However, according to our investigations, the license under which block 4 was built is legal. It was granted according to the 1986 General Plan of Marbella, and no building volumes have been exceeded. It is true it holds a LFO by administrative silence, which the Town Hall claims it will “convert” to a proper LFO after a few minor defects are corrected by the building company (this has been going on for several months)

    We know the developer is pushing hard for clients to complete, as they are probably facing financial difficulties after all the mess with other developments like Green Hills or Los Lagos. I would take Claire’s recommendation to find yourself a good lawyer before deciding between completing or cancelling the contract, as the immediate financial implications of the latter could be severe (upon cancelling the contract the developer will keep half your deposit, considering the developer believes he has the right to do so, for he thinks all the licenses are in place – even the LFO by Administrative Silence). In this scenario, according to the lawyers I’ve spoken to, you will still have a case, but be prepared to claim your moneys from the developer through a court of justice.

    Please note that every circumstance is different, and that every case must be reviewed by a qualified lawyer before taking any irrevocable step. At least know your pros and cons. It will be in the end your decision.

    For any of you who disagree with anything I’ve posted, I would be grateful if you could keep a relaxed tone if you wish to reply to my comments. I’m not biased in favour of either completing or pulling out, as I have no interests whatsoever in this matter. I am here to help, just like everyone else.

  • #63894
    Profile photo of Anonymous
    Anonymous
    Participant

    ay caramba

    what has it come to when people have to apologise in advance on behalf of their posts!!! 😕

  • #63694
    Profile photo of Anonymous
    Anonymous
    Participant

    ay caramba

    what has it come to when people have to apologise in advance on behalf of their posts!!! 😕

  • #63898
    Profile photo of Anonymous
    Anonymous
    Participant

    Are you still bearing the bruises from last week flw? 😉 I’m sure everyone will be gentle with you! 🙂

    SMV, GH & LL are all an unmitigated nightmare for all concerned.

    What REALLY annoys me is that these developers have breached the contracts yet you say they can still retain the deposits! 😈 If everything had gone according to plan, but the buyer reneged on the purchase for whatever reason, the buyer would not have a leg to stand on!. It is sooooooo one sided! 😈

  • #63698
    Profile photo of Anonymous
    Anonymous
    Participant

    Are you still bearing the bruises from last week flw? 😉 I’m sure everyone will be gentle with you! 🙂

    SMV, GH & LL are all an unmitigated nightmare for all concerned.

    What REALLY annoys me is that these developers have breached the contracts yet you say they can still retain the deposits! 😈 If everything had gone according to plan, but the buyer reneged on the purchase for whatever reason, the buyer would not have a leg to stand on!. It is sooooooo one sided! 😈

  • #63910
    Profile photo of Anonymous
    Anonymous
    Participant

    Sifasa, Eralia are all tied up. Therefore Los Lagos, Santa Maria Green Hills, and Santa Maria Village are all tarred with the same brush, as are some others in Elviria.

    I didn’t think Sifasa and Eralia where tied with this one, is there evidence to suggest otherwise apart from Eralia was born out of Sifasa, just asking here out of curiosity.

    I thought Santa Maria Village was quite good, quality of build etc If the LFO is about to arrive and you’re happy why not keep it. We have had an apartment in Elvira for about two years and it is one of the best things we ever did. We have a young family (2 and 4 years old) and the area is just great with everything within easy reach. Clearly some have had bad experiences with their purchases but I wouldn’t let that put you off the area, if all is well with the apartment, licenses etc.

    If you want rid then you could always sell, properties seem to be selling well in the area as long as a LFO is in place (via admin silence or otherwise)

    This is just and only based on my personal experience by the way.

    Regards

    Paul

  • #63710
    Profile photo of Anonymous
    Anonymous
    Participant

    Sifasa, Eralia are all tied up. Therefore Los Lagos, Santa Maria Green Hills, and Santa Maria Village are all tarred with the same brush, as are some others in Elviria.

    I didn’t think Sifasa and Eralia where tied with this one, is there evidence to suggest otherwise apart from Eralia was born out of Sifasa, just asking here out of curiosity.

    I thought Santa Maria Village was quite good, quality of build etc If the LFO is about to arrive and you’re happy why not keep it. We have had an apartment in Elvira for about two years and it is one of the best things we ever did. We have a young family (2 and 4 years old) and the area is just great with everything within easy reach. Clearly some have had bad experiences with their purchases but I wouldn’t let that put you off the area, if all is well with the apartment, licenses etc.

    If you want rid then you could always sell, properties seem to be selling well in the area as long as a LFO is in place (via admin silence or otherwise)

    This is just and only based on my personal experience by the way.

    Regards

    Paul

  • #63913
    Profile photo of Anonymous
    Anonymous
    Participant

    Paul, I don’t think you’ll get any arguments from any of us who were hoping to buy in Elviria. It is fabulous, which is why we put our money there. Sadly it is beset with problems on several developments. This forum is full of complaints from Green Hills, Los Lagos, Santa Maria Village.

    SMV is Sifasa Group…is Eralia.Or vice versa 😕 GH is Eralia. When we paid our 6,000€ holding deposit, our receipt was from the Sifasa Group. We thought we were buying from Eralia…only they set up another company with peanuts share capital and that is who the contract was with!! It is common practice apparently.

  • #63713
    Profile photo of Anonymous
    Anonymous
    Participant

    Paul, I don’t think you’ll get any arguments from any of us who were hoping to buy in Elviria. It is fabulous, which is why we put our money there. Sadly it is beset with problems on several developments. This forum is full of complaints from Green Hills, Los Lagos, Santa Maria Village.

    SMV is Sifasa Group…is Eralia.Or vice versa 😕 GH is Eralia. When we paid our 6,000€ holding deposit, our receipt was from the Sifasa Group. We thought we were buying from Eralia…only they set up another company with peanuts share capital and that is who the contract was with!! It is common practice apparently.

  • #63914
    Profile photo of Anonymous
    Anonymous
    Participant

    We did the same, placed a deposit with Sifasa (£1,000), but signed our agreement and paid the first installment to a ‘peanuts share capital’ developer/promoter company, thier name was on the top of the agreement. They (the peanut company) had a BG and our solicitor withheld the money until it was in place and checked out. Eralia then took over the first line sales side (from new offices nearby), extras sales and customer service from Sifasa. At no time the the company with whom we first signed changed. I have financial reports on all of the companies involved (including the developer/promoters) and can not see any tie (directors, shares etc) between Sifasa and Eralia, neither can I see a tie apart from a business agreement between Eralia and our developer/promoter (the same developer as GH.)

    I thought I was missing something so I thought I would ask.

    SMV looks great and I was told by one owner to be ‘what a luxury development should be like’. I hear what people are saying about LFO’s, but I would bet many many developments up and down the CDS do not have a copy of their LFO to hand and are still waiting via admin silence, some for as long as 6 years or more. All have mains electricity, water, their property registered and a mortgage. I agree that these are troubled times and there are some dodgy developments, where things will, if they have not already, go pear shaped. People are very much aware of the issues now out there, everyone (agents, banks) wants sight of the LFO before proceeding and rightly so. Hence my suggestion to n5tew, which was if everything is in place buy it

    As I say I can only speak as I find.

    Regards

    Paul

  • #63714
    Profile photo of Anonymous
    Anonymous
    Participant

    We did the same, placed a deposit with Sifasa (£1,000), but signed our agreement and paid the first installment to a ‘peanuts share capital’ developer/promoter company, thier name was on the top of the agreement. They (the peanut company) had a BG and our solicitor withheld the money until it was in place and checked out. Eralia then took over the first line sales side (from new offices nearby), extras sales and customer service from Sifasa. At no time the the company with whom we first signed changed. I have financial reports on all of the companies involved (including the developer/promoters) and can not see any tie (directors, shares etc) between Sifasa and Eralia, neither can I see a tie apart from a business agreement between Eralia and our developer/promoter (the same developer as GH.)

    I thought I was missing something so I thought I would ask.

    SMV looks great and I was told by one owner to be ‘what a luxury development should be like’. I hear what people are saying about LFO’s, but I would bet many many developments up and down the CDS do not have a copy of their LFO to hand and are still waiting via admin silence, some for as long as 6 years or more. All have mains electricity, water, their property registered and a mortgage. I agree that these are troubled times and there are some dodgy developments, where things will, if they have not already, go pear shaped. People are very much aware of the issues now out there, everyone (agents, banks) wants sight of the LFO before proceeding and rightly so. Hence my suggestion to n5tew, which was if everything is in place buy it

    As I say I can only speak as I find.

    Regards

    Paul

  • #63915
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    Anonymous
    Participant

    The company I am talking about is GROUPO ERALIA. I know my facts. I will not continue any further discussion on this topic.

  • #63715
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    Anonymous
    Participant

    The company I am talking about is GROUPO ERALIA. I know my facts. I will not continue any further discussion on this topic.

  • #63918
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    Anonymous
    Participant

    @Claire wrote:

    The company I am talking about is GROUPO ERALIA. I know my facts. I will not continue any further discussion on this topic.

    Oh!

    p.s. I also meant Groupo Eralia (sorry I spelt it Eraila before)

  • #63718
    Profile photo of Anonymous
    Anonymous
    Participant

    @Claire wrote:

    The company I am talking about is GROUPO ERALIA. I know my facts. I will not continue any further discussion on this topic.

    Oh!

    p.s. I also meant Groupo Eralia (sorry I spelt it Eraila before)

  • #63924
    Profile photo of Anonymous
    Anonymous
    Participant

    Paul , I had to have one last word..(It’s a female thing!! 😉 )

    @p800aul wrote:

    SMV looks great and I was told by one owner to be ‘what a luxury development should be like’.
    Paul

    quote”Mark“]Another knowledgeable person in Marbella has a theory that Santa Maria Village is such a dump, which nobody is going to want to rent or buy, that one might be better off loosing 50% of the deposit (at least getting 50% back), rather than complete and have to sink even more money into such an awful place.But remember, it’s just one theory, one person’s opinion.
    Mark[unquote]

    The above quote from Mark (Administrator) is from a thread he wrote on the Habitation licence topic. I agree with him.

    Do you have a vested interest in the market Paul to be advising people to complete on this development without an LFO? It is madness to do so.

  • #63724
    Profile photo of Anonymous
    Anonymous
    Participant

    Paul , I had to have one last word..(It’s a female thing!! 😉 )

    @p800aul wrote:

    SMV looks great and I was told by one owner to be ‘what a luxury development should be like’.
    Paul

    quote”Mark“]Another knowledgeable person in Marbella has a theory that Santa Maria Village is such a dump, which nobody is going to want to rent or buy, that one might be better off loosing 50% of the deposit (at least getting 50% back), rather than complete and have to sink even more money into such an awful place.But remember, it’s just one theory, one person’s opinion.
    Mark[unquote]

    The above quote from Mark (Administrator) is from a thread he wrote on the Habitation licence topic. I agree with him.

    Do you have a vested interest in the market Paul to be advising people to complete on this development without an LFO? It is madness to do so.

  • #63927
    Profile photo of Anonymous
    Anonymous
    Participant

    I think the context of Mark’s response was to make the point that there are differing views and (I’m sure Mark will correct me if I’m wrong) Mark was just passing on a view which was not necessarily his. It looked nice to us when we went to look at it (took some finding though) my main problem with it, is that it is not within walking distance of the beach and shops, unlike ours.

    We have a property in Elvria and that is my only interest in the property market. It does seem to be the usual tactic on this board to discredit a poster by suggesting that anyone with a different positive view has a vested interest. As for suggesting that I was advocating completion prior to a LFO to quote myself:

    Hence my suggestion to n5tew, which was if everything is in place buy it

    … but I wouldn’t let that put you off the area, if all is well with the apartment, licenses etc.

    ….as long as a LFO is in place (via admin silence or otherwise)

    My suggestion to n5tew was to keep it if he’s happy with the apartment and everything is in place including the LFO, if not sell it that way he can get his money back, rather than be put off by the indiscriminate bad publicity. The alternative is to lose 50% of his deposit for now, which I would assume he would get back under the BG if the LFO did not arrive.

    Now we are talking again Clare any chance of sharing your facts regarding Sifasa and Groupo Eralia, I am interested.

    Regards

    Paul

  • #63727
    Profile photo of Anonymous
    Anonymous
    Participant

    I think the context of Mark’s response was to make the point that there are differing views and (I’m sure Mark will correct me if I’m wrong) Mark was just passing on a view which was not necessarily his. It looked nice to us when we went to look at it (took some finding though) my main problem with it, is that it is not within walking distance of the beach and shops, unlike ours.

    We have a property in Elvria and that is my only interest in the property market. It does seem to be the usual tactic on this board to discredit a poster by suggesting that anyone with a different positive view has a vested interest. As for suggesting that I was advocating completion prior to a LFO to quote myself:

    Hence my suggestion to n5tew, which was if everything is in place buy it

    … but I wouldn’t let that put you off the area, if all is well with the apartment, licenses etc.

    ….as long as a LFO is in place (via admin silence or otherwise)

    My suggestion to n5tew was to keep it if he’s happy with the apartment and everything is in place including the LFO, if not sell it that way he can get his money back, rather than be put off by the indiscriminate bad publicity. The alternative is to lose 50% of his deposit for now, which I would assume he would get back under the BG if the LFO did not arrive.

    Now we are talking again Clare any chance of sharing your facts regarding Sifasa and Groupo Eralia, I am interested.

    Regards

    Paul

  • #63928
    Profile photo of Anonymous
    Anonymous
    Participant

    What, exactly do you want to know? They ARE connected. I will ask Katerina or Charlie if they can clarify the relationship, as my archive folder has archived into cyber space . It is sooo overloaded with info.. Katerina did all the research! She will explain it better than me!

    To sell on at this moment in time is not an option. Some one has already tried and failed! The buyers lawyer put a stop on it as soon as he discovered the problems at SMV. It maybe different if & when the LFO is in place.

    Beauty is in the eye of the beholder. My husband & I thought it SMV was horrible! Where in Elviria did you buy? On a development?

  • #63728
    Profile photo of Anonymous
    Anonymous
    Participant

    What, exactly do you want to know? They ARE connected. I will ask Katerina or Charlie if they can clarify the relationship, as my archive folder has archived into cyber space . It is sooo overloaded with info.. Katerina did all the research! She will explain it better than me!

    To sell on at this moment in time is not an option. Some one has already tried and failed! The buyers lawyer put a stop on it as soon as he discovered the problems at SMV. It maybe different if & when the LFO is in place.

    Beauty is in the eye of the beholder. My husband & I thought it SMV was horrible! Where in Elviria did you buy? On a development?

  • #63937
    Profile photo of Anonymous
    Anonymous
    Participant

    I am in the process of cancelling on Santa Maria Green Hills. Had to go to lawyers to do so. Basic issue is that the development is not built to original plans – no golf course is the biggest issue (loss of amenity, no club house with other facilities, only half or less of the original apartments planned have been built therefore no incentive for other business to move to the area (restaurants, shops etc), plus late completion though that is well down the list compared to the other disappointments and changes to the development.

    We filed the papers a week ago and the developer has 20 days to respond. If we fail to get a full and prompt refund of our 30% deposit plus interest and legal costs, I’ll say more about the builder and Eralia.

    It’s a great shame – I wanted to have a place in Elviria. But my trials and tribulations are putting me right off dealing with Spanish developers.

    Greg

  • #63737
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    Anonymous
    Participant

    I am in the process of cancelling on Santa Maria Green Hills. Had to go to lawyers to do so. Basic issue is that the development is not built to original plans – no golf course is the biggest issue (loss of amenity, no club house with other facilities, only half or less of the original apartments planned have been built therefore no incentive for other business to move to the area (restaurants, shops etc), plus late completion though that is well down the list compared to the other disappointments and changes to the development.

    We filed the papers a week ago and the developer has 20 days to respond. If we fail to get a full and prompt refund of our 30% deposit plus interest and legal costs, I’ll say more about the builder and Eralia.

    It’s a great shame – I wanted to have a place in Elviria. But my trials and tribulations are putting me right off dealing with Spanish developers.

    Greg

  • #63939
    Profile photo of Anonymous
    Anonymous
    Participant

    Greg – re. the proposed golf course – can I suggest you check your contract for a clause that dissolves any responsibility for this not going ahead, and that you accept that fact.

    This clause was in all the contracts of other purchasers I’ve seen – the difference was that whereas we were aware of it at the time of signing – have met many purchasers at Green Hills where they had no idea/their lawyer did not point it out, and were not aware that the g.c. was not going ahead.

    The clause is on the last page of the contract, under the title: DECIMOCUARTA: La parte compradora manifiesta conocerlos problemas existentes para la construccion del nuevo Campo de Golf de nueve hoyos, junto al conjunto residencial SANTA MARIA GREEN HILLS, por lo que en este acto manifiesta no tener nada que reclamar a cualquier reclamacion…… etc. etc. etc.

    If you have this clause, you will have no comeback re. the lack of the golfcourse I am afraid.

    Barbara

  • #63739
    Profile photo of Anonymous
    Anonymous
    Participant

    Greg – re. the proposed golf course – can I suggest you check your contract for a clause that dissolves any responsibility for this not going ahead, and that you accept that fact.

    This clause was in all the contracts of other purchasers I’ve seen – the difference was that whereas we were aware of it at the time of signing – have met many purchasers at Green Hills where they had no idea/their lawyer did not point it out, and were not aware that the g.c. was not going ahead.

    The clause is on the last page of the contract, under the title: DECIMOCUARTA: La parte compradora manifiesta conocerlos problemas existentes para la construccion del nuevo Campo de Golf de nueve hoyos, junto al conjunto residencial SANTA MARIA GREEN HILLS, por lo que en este acto manifiesta no tener nada que reclamar a cualquier reclamacion…… etc. etc. etc.

    If you have this clause, you will have no comeback re. the lack of the golfcourse I am afraid.

    Barbara

  • #63940
    Profile photo of Anonymous
    Anonymous
    Participant

    @Claire wrote:

    What, exactly do you want to know? They ARE connected.

    Sorry just noticed you had changed your reply. I don’t know anything more than I stated earlier which is I have company reports on Groupo Eralia and Sifasa (along with other relating to our apartment) and can not see a connection (people shares etc). I am only being curious and don’t have a hidden agenda.

    Regards

    Paul

  • #63740
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    Anonymous
    Participant

    @Claire wrote:

    What, exactly do you want to know? They ARE connected.

    Sorry just noticed you had changed your reply. I don’t know anything more than I stated earlier which is I have company reports on Groupo Eralia and Sifasa (along with other relating to our apartment) and can not see a connection (people shares etc). I am only being curious and don’t have a hidden agenda.

    Regards

    Paul

  • #63745
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    Anonymous
    Participant

    Katerina will be along later.

    So…where did you buy? Just being curious! 😉

  • #63945
    Profile photo of Anonymous
    Anonymous
    Participant

    Katerina will be along later.

    So…where did you buy? Just being curious! 😉

  • #63746
    Profile photo of Anonymous
    Anonymous
    Participant

    http://www.simplycostadelsol.com/santa_maria_green_hills.htm

    Santa Maria Green Hills is one of the most exciting projects Simply Costa del Sol have presented to date: luxury golf apartments set amongst rolling green hills in a quiet valley with southerly views down to the Mediterranean Sea. The two and three bedroom apartments are built with luminous interiors and large covered terraces and set in landscaped gardens with communal swimming pools.

    Santa Maria Green Hills is surrounded by its own private, 9-hole golf course with Clubhouse for residents’ use

    This is posted TODAY!!!!! Spot the errors!!!

    You can contact them and leave a message! 😉

  • #63946
    Profile photo of Anonymous
    Anonymous
    Participant

    http://www.simplycostadelsol.com/santa_maria_green_hills.htm

    Santa Maria Green Hills is one of the most exciting projects Simply Costa del Sol have presented to date: luxury golf apartments set amongst rolling green hills in a quiet valley with southerly views down to the Mediterranean Sea. The two and three bedroom apartments are built with luminous interiors and large covered terraces and set in landscaped gardens with communal swimming pools.

    Santa Maria Green Hills is surrounded by its own private, 9-hole golf course with Clubhouse for residents’ use

    This is posted TODAY!!!!! Spot the errors!!!

    You can contact them and leave a message! 😉

  • #63749
    Profile photo of Anonymous
    Anonymous
    Participant

    I have financial reports on all of the companies involved (including the developer/promoters) and can not see any tie (directors, shares etc) between Sifasa and Eralia, neither can I see a tie apart from a business agreement between Eralia and our developer/promoter (the same developer as GH.)

    p800aul

    GRUPO ERALIA SL from 10/8/2000-6/4/2003 was called SIFASA REALTY SL. On 7/4/2003 (just) the name of the company was changed to GRUPO ERALIA SL. SIFASA REALTY was the Real Estate arm of SIFASA SA and it remained so even when it changed names and moved to the new building down the road (incorporating Sales, Rentals, Furniture etc)

    A tie there are the 3 consejeros: 1)Lennart Ulf Sten Cromstedt, 2)Saudi Ali Mohamed (who is also the director of the golf course on Santa Maria), and 3) Sancristobal Hector Tramullas. The directors remain the same from the time the company was called SIFASA REALTY SL up to the present day that is called GRUPO ERALIA SL. Now, the link between SIFASA, ERALIA and MVG is Mr Lennart Cromstedt who is also the consejero delegado in MVG.

    And if you wish to go further into things Moleon Jimenez Enrique (of Moleon Construcciones) i.e. the ‘bricky’ of SIFASA/ERALIA/MVG/LOMAYSA CONSTRUCCIONES etc etc etc is also a Consejero Delegado of MVG.

    By the way on his website he still advertises Santa Maria Green Hills as a development with its own 9-hole golf course, while Eralia says that SMGH is ‘one of our most exciting developments yet’. (Despite the fact it is not their development but MVG’s). However, in all of our contracts it states that if there is no golf course they are not to be held responsible!

    I hope the above clarifies matters for you and gives you an insight as to the way these companies are operated (/operate! 😉 )

    Katerina

    P.S. You say that your developer is the same as that of Green Hills(MVG).
    Are you in Jardines de Santa Maria Golf?

  • #63949
    Profile photo of Anonymous
    Anonymous
    Participant

    I have financial reports on all of the companies involved (including the developer/promoters) and can not see any tie (directors, shares etc) between Sifasa and Eralia, neither can I see a tie apart from a business agreement between Eralia and our developer/promoter (the same developer as GH.)

    p800aul

    GRUPO ERALIA SL from 10/8/2000-6/4/2003 was called SIFASA REALTY SL. On 7/4/2003 (just) the name of the company was changed to GRUPO ERALIA SL. SIFASA REALTY was the Real Estate arm of SIFASA SA and it remained so even when it changed names and moved to the new building down the road (incorporating Sales, Rentals, Furniture etc)

    A tie there are the 3 consejeros: 1)Lennart Ulf Sten Cromstedt, 2)Saudi Ali Mohamed (who is also the director of the golf course on Santa Maria), and 3) Sancristobal Hector Tramullas. The directors remain the same from the time the company was called SIFASA REALTY SL up to the present day that is called GRUPO ERALIA SL. Now, the link between SIFASA, ERALIA and MVG is Mr Lennart Cromstedt who is also the consejero delegado in MVG.

    And if you wish to go further into things Moleon Jimenez Enrique (of Moleon Construcciones) i.e. the ‘bricky’ of SIFASA/ERALIA/MVG/LOMAYSA CONSTRUCCIONES etc etc etc is also a Consejero Delegado of MVG.

    By the way on his website he still advertises Santa Maria Green Hills as a development with its own 9-hole golf course, while Eralia says that SMGH is ‘one of our most exciting developments yet’. (Despite the fact it is not their development but MVG’s). However, in all of our contracts it states that if there is no golf course they are not to be held responsible!

    I hope the above clarifies matters for you and gives you an insight as to the way these companies are operated (/operate! 😉 )

    Katerina

    P.S. You say that your developer is the same as that of Green Hills(MVG).
    Are you in Jardines de Santa Maria Golf?

  • #63751
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks Katerina! 😀

  • #63951
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks Katerina! 😀

  • #63752
    Profile photo of Anonymous
    Anonymous
    Participant

    Yes – I know that it’s in the contract. But we didn’t sign the contract. It was signed by our purchasing agent ‘on our behalf’ – under what they say they thought they had – “Verbal Power of Attorney”! Whatever that is….

    It is amazing that Eralia can contact us direct when they want to sell us ‘extras’ but not for something so important as this.

    We may end up in litigation with the purchasing agent, of course, but the place to start is with the developer.

    The development hasn’t been completed to spec. nor on time. So there’s probably enough to dispute it on those points anyway. But the lack of the Golf Course is a major devaluation point. I’d possibly accept a 50% reduction in the puchase price as a compromise instead of a refund on deposit, but that isn’t going to happen…

    Greg

  • #63952
    Profile photo of Anonymous
    Anonymous
    Participant

    Yes – I know that it’s in the contract. But we didn’t sign the contract. It was signed by our purchasing agent ‘on our behalf’ – under what they say they thought they had – “Verbal Power of Attorney”! Whatever that is….

    It is amazing that Eralia can contact us direct when they want to sell us ‘extras’ but not for something so important as this.

    We may end up in litigation with the purchasing agent, of course, but the place to start is with the developer.

    The development hasn’t been completed to spec. nor on time. So there’s probably enough to dispute it on those points anyway. But the lack of the Golf Course is a major devaluation point. I’d possibly accept a 50% reduction in the puchase price as a compromise instead of a refund on deposit, but that isn’t going to happen…

    Greg

  • #63753
    Profile photo of Anonymous
    Anonymous
    Participant

    Katerina

    There is indeed more to this than meets the eye.

    I have a report (up to 2004) on SIFASA GROUP S.L. and it shows the sole Executive Director as SAUSEN MOHAMED IBREEK with no other directors. This was the only company I could find with the name Sifasa in it, which fits your research on the name change I suppose. It does show other companies owned by them, but none I recognize. These are INMOSKY SL and DELIMAR MALAGA SL, you may know them?

    I don’t not see Mr Ibreek in the list of directors of Grupo Eralia just two of the guys you name Mr Cromstedt and Mr Tramullas and no others. The subsidiaries are ERALIA PROPERTIES SL, DREAM HILL SL., MARBELLA VISTA GOLF S.L., LOS LAGOS DE SANTA MARIA GOLF S.L. All apart from Eralia Properties (100% owned) are small share holdings of the total.

    Los Jardines on the other hand was promoted by Los Jardines de Santa Maria Golf SL which looks like it was a subsidiary of arquigest 2003 SL and both have Mr Moleon down as President/Director.

    You can maybe see why I didn’t tie them together after they split and from my paperwork I have still can’t tie them, also I did hear anecdotally that the split was not that amicable.

    Interesting stuff I suppose, it is a bit of a web, hopefully we are not that far of topic and all of this will help n5tew with his quest to get out of SMV.

    Regards

    Paul

    P.S. All of this information is in the public domain as it was researched from published company data and is available to anyone.

  • #63953
    Profile photo of Anonymous
    Anonymous
    Participant

    Katerina

    There is indeed more to this than meets the eye.

    I have a report (up to 2004) on SIFASA GROUP S.L. and it shows the sole Executive Director as SAUSEN MOHAMED IBREEK with no other directors. This was the only company I could find with the name Sifasa in it, which fits your research on the name change I suppose. It does show other companies owned by them, but none I recognize. These are INMOSKY SL and DELIMAR MALAGA SL, you may know them?

    I don’t not see Mr Ibreek in the list of directors of Grupo Eralia just two of the guys you name Mr Cromstedt and Mr Tramullas and no others. The subsidiaries are ERALIA PROPERTIES SL, DREAM HILL SL., MARBELLA VISTA GOLF S.L., LOS LAGOS DE SANTA MARIA GOLF S.L. All apart from Eralia Properties (100% owned) are small share holdings of the total.

    Los Jardines on the other hand was promoted by Los Jardines de Santa Maria Golf SL which looks like it was a subsidiary of arquigest 2003 SL and both have Mr Moleon down as President/Director.

    You can maybe see why I didn’t tie them together after they split and from my paperwork I have still can’t tie them, also I did hear anecdotally that the split was not that amicable.

    Interesting stuff I suppose, it is a bit of a web, hopefully we are not that far of topic and all of this will help n5tew with his quest to get out of SMV.

    Regards

    Paul

    P.S. All of this information is in the public domain as it was researched from published company data and is available to anyone.

  • #63755
    Profile photo of Anonymous
    Anonymous
    Participant

    p800aul

    Re. Arquigest 2003, please note that they share the same offices with MVG in Granada.

    By the way this company was charged and found guilty by the court for breaking the law re. inspection of their buildings by the relevant planning authorities (see court decision on 7/2/2005 – Administracion La Hacienda)!

    Katerina

  • #63955
    Profile photo of Anonymous
    Anonymous
    Participant

    p800aul

    Re. Arquigest 2003, please note that they share the same offices with MVG in Granada.

    By the way this company was charged and found guilty by the court for breaking the law re. inspection of their buildings by the relevant planning authorities (see court decision on 7/2/2005 – Administracion La Hacienda)!

    Katerina

  • #63757
    Profile photo of Anonymous
    Anonymous
    Participant

    @Greg wrote:

    But we didn’t sign the contract. It was signed by our purchasing agent ‘on our behalf’ – under what they say they thought they had – “Verbal Power of Attorney”! Whatever that is….

    What????!!!!
    Surely “power of attorney” means that – power given to an ATTORNEY, not a purchasing agent?! And “verbal”? What’s all that about?!
    Surely your whole “contract” to purchase is invalid, void, null, given this?
    Who is this agent?

  • #63957
    Profile photo of Anonymous
    Anonymous
    Participant

    @Greg wrote:

    But we didn’t sign the contract. It was signed by our purchasing agent ‘on our behalf’ – under what they say they thought they had – “Verbal Power of Attorney”! Whatever that is….

    What????!!!!
    Surely “power of attorney” means that – power given to an ATTORNEY, not a purchasing agent?! And “verbal”? What’s all that about?!
    Surely your whole “contract” to purchase is invalid, void, null, given this?
    Who is this agent?

  • #63758
    Profile photo of Anonymous
    Anonymous
    Participant

    Katerina

    see court decision on 7/2/2005 – Administracion La Hacienda

    Sorry i wouldn’t know where to find that, do you have a link?

    Thanks

    Paul

  • #63958
    Profile photo of Anonymous
    Anonymous
    Participant

    Katerina

    see court decision on 7/2/2005 – Administracion La Hacienda

    Sorry i wouldn’t know where to find that, do you have a link?

    Thanks

    Paul

  • #63761
    Profile photo of Anonymous
    Anonymous
    Participant

    Paul,

    Moleon Construcciones built Green Hills. Also Snr Moleon has had 2 of his developments cordoned off by the police recently.

  • #63961
    Profile photo of Anonymous
    Anonymous
    Participant

    Paul,

    Moleon Construcciones built Green Hills. Also Snr Moleon has had 2 of his developments cordoned off by the police recently.

  • #63762
    Profile photo of Anonymous
    Anonymous
    Participant

    Moleon Construcciones built Green Hills. Also Snr Moleon has had 2 of his developments cordoned off by the police recently

    So I read, but is it not more to do with the promoter rather than the construction company?

    It was this i hoped Katerina could give me a link for

    By the way this company was charged and found guilty by the court for breaking the law re. inspection of their buildings by the relevant planning authorities (see court decision on 7/2/2005 – Administracion La Hacienda)!

    Regards

    Paul

  • #63962
    Profile photo of Anonymous
    Anonymous
    Participant

    Moleon Construcciones built Green Hills. Also Snr Moleon has had 2 of his developments cordoned off by the police recently

    So I read, but is it not more to do with the promoter rather than the construction company?

    It was this i hoped Katerina could give me a link for

    By the way this company was charged and found guilty by the court for breaking the law re. inspection of their buildings by the relevant planning authorities (see court decision on 7/2/2005 – Administracion La Hacienda)!

    Regards

    Paul

  • #63765
    Profile photo of Anonymous
    Anonymous
    Participant

    The agent is UniCasa. It’s their legal department who are doing our legal work for us. I can’t believe that there is such a thing as ‘verbal PoA’ – anyone could claim to have received it for any purpose. However a couple of people have told me that such a concept does exist in Spain, thought its scope and effectiveness isn’t clear to me. I don’t think UniCasa were acting maliciously – at least I hope that’s the case. They say that they thought we knew about the golf course and wanted to go ahead anyway, which clearly isn’t the case as far as I am concerned.

    Greg

  • #63965
    Profile photo of Anonymous
    Anonymous
    Participant

    The agent is UniCasa. It’s their legal department who are doing our legal work for us. I can’t believe that there is such a thing as ‘verbal PoA’ – anyone could claim to have received it for any purpose. However a couple of people have told me that such a concept does exist in Spain, thought its scope and effectiveness isn’t clear to me. I don’t think UniCasa were acting maliciously – at least I hope that’s the case. They say that they thought we knew about the golf course and wanted to go ahead anyway, which clearly isn’t the case as far as I am concerned.

    Greg

  • #63767
    Profile photo of Anonymous
    Anonymous
    Participant

    Actually I guess you can give POA to anybody adult and competant of your choice but I always believed there was a whole lot of red tape to go through including proving the ID if the person being given POA, not sure how this could be done verbally. Been Googling and not been able to come up with much outside of the USA and trademarks. Hopefully Maria or one of the other contributing lawyers will be able to enlighten us soon! Good luck Greg.

  • #63967
    Profile photo of Anonymous
    Anonymous
    Participant

    Actually I guess you can give POA to anybody adult and competant of your choice but I always believed there was a whole lot of red tape to go through including proving the ID if the person being given POA, not sure how this could be done verbally. Been Googling and not been able to come up with much outside of the USA and trademarks. Hopefully Maria or one of the other contributing lawyers will be able to enlighten us soon! Good luck Greg.

  • #63770
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks

    I have had to get Power Of Attroney for our lawyers to pursue the case for us, and that involves filling out a declaration, having it signed and witnessed by a Notary Public and in Spain having the Hague Apostile seal fixed to it by the Home Office (I think it is) . and the Notary needs to see two formss of ID inclusding passport.

    So how the hell one can use ‘verbal power of attorney’ is beyond me.

    Snr. Spanish Judge: “Why have you built this development of 600 apartments without written and official Planning Permission”

    Snr. Builder: “The Town Hall gave me verbal Planning Permission, your Honour”

    Snr/ Spanish Judge: “Oh, that’s OK then. Next case!” 🙂

    Greg

  • #63970
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks

    I have had to get Power Of Attroney for our lawyers to pursue the case for us, and that involves filling out a declaration, having it signed and witnessed by a Notary Public and in Spain having the Hague Apostile seal fixed to it by the Home Office (I think it is) . and the Notary needs to see two formss of ID inclusding passport.

    So how the hell one can use ‘verbal power of attorney’ is beyond me.

    Snr. Spanish Judge: “Why have you built this development of 600 apartments without written and official Planning Permission”

    Snr. Builder: “The Town Hall gave me verbal Planning Permission, your Honour”

    Snr/ Spanish Judge: “Oh, that’s OK then. Next case!” 🙂

    Greg

  • #63771
    Profile photo of Anonymous
    Anonymous
    Participant

    You know what Greg? You’re probably spot on in your “re-enactment!!! 😆 🙄

    Good Luck with your case!

  • #63971
    Profile photo of Anonymous
    Anonymous
    Participant

    You know what Greg? You’re probably spot on in your “re-enactment!!! 😆 🙄

    Good Luck with your case!

  • #63783
    Profile photo of Anonymous
    Anonymous
    Participant

    A little confused… If i cancel contract and loose 50% of deposit, can i claim this back under the BG as the apartment is not finished as the FLO has not been issued???

  • #63983
    Profile photo of Anonymous
    Anonymous
    Participant

    A little confused… If i cancel contract and loose 50% of deposit, can i claim this back under the BG as the apartment is not finished as the FLO has not been issued???

  • #63786
    Profile photo of Anonymous
    Anonymous
    Participant

    flw said

    ….before deciding between completing or cancelling the contract, as the immediate financial implications of the latter could be severe (upon cancelling the contract the developer will keep half your deposit, considering the developer believes he has the right to do so, for he thinks all the licenses are in place – even the LFO by Administrative Silence.

    If a LFO is not forthcoming I assume the property can not be occupied and they will be in breach of contact with you. Therefore you should get back all monies paid plus interest via the bank guarantee.

    That why I said suck it and see if the LFO turns up, if it does either cancel (you lose 50%) or buy. You can then either keep it or sell to get your money back. People here are suggesting that you would be better off losing the 50% now rather than losing more because of resale values. I therefore suggest you find an independent agent (there are some listed here) to value it before doing anything.

    Just my view and you need to check everything with a solicitor and a excel spreadsheet.

    Regards

    Paul

  • #63986
    Profile photo of Anonymous
    Anonymous
    Participant

    flw said

    ….before deciding between completing or cancelling the contract, as the immediate financial implications of the latter could be severe (upon cancelling the contract the developer will keep half your deposit, considering the developer believes he has the right to do so, for he thinks all the licenses are in place – even the LFO by Administrative Silence.

    If a LFO is not forthcoming I assume the property can not be occupied and they will be in breach of contact with you. Therefore you should get back all monies paid plus interest via the bank guarantee.

    That why I said suck it and see if the LFO turns up, if it does either cancel (you lose 50%) or buy. You can then either keep it or sell to get your money back. People here are suggesting that you would be better off losing the 50% now rather than losing more because of resale values. I therefore suggest you find an independent agent (there are some listed here) to value it before doing anything.

    Just my view and you need to check everything with a solicitor and a excel spreadsheet.

    Regards

    Paul

  • #63791
    Profile photo of Anonymous
    Anonymous
    Participant

    Nstew,

    Get a good lawyer and you will not loose 50% of your money. People in our group are already cancelling their contracts and claiming their money back. Some do not have a BG!

    If you complete with a view to sell without the LFO, your property has no value. No decent lawyer would allow their client to buy your apartment without the proper licences in place.It’s as simple as that!

    The CDS is in a different”climate” now as far as the property market is concerned. Maybe the LFO was not such an issue before the Malaya problem was around.

  • #63991
    Profile photo of Anonymous
    Anonymous
    Participant

    Nstew,

    Get a good lawyer and you will not loose 50% of your money. People in our group are already cancelling their contracts and claiming their money back. Some do not have a BG!

    If you complete with a view to sell without the LFO, your property has no value. No decent lawyer would allow their client to buy your apartment without the proper licences in place.It’s as simple as that!

    The CDS is in a different”climate” now as far as the property market is concerned. Maybe the LFO was not such an issue before the Malaya problem was around.

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