- March 24, 2006 at 12:31 pm #51670
I have had a fax from my solicitors in Marbella regarding an apartment I bought. The development is at Las Vistas, Elveria and has been stopped. They are talking about a licence which they checked and say was issued. Now they are talking about a forest technical report and say that the situation is too complicated for explanations. They want to file an ordinary lawsuit to the Marbells Courts for termination of the contract. Well this is going to take a long time and expanse. Anyone else in this situation and CAN ANYONE HELP.
- March 24, 2006 at 4:39 pm #61446
First & foremost, if you have paid any monies to the developer, you are entitled and should demand a FULL EXPLANATION of the facts surrounding the suspension of the building works.
I think the document you need to terminate the contract is a Requerimiento Notarial. This is discussed in depth on this forum…somewhere! There are a number of us in a similar situation, having bought at the Santa Maria Green Hills development, also in Elviria. The upper level has not been built and the lower level has been built, the licence suspended and there is no Licence of First Occupation!! You can also read about this on the forum. It does take a while to go through all the various legal proceedings and it is expensive.
I am sorry you are in this position. It is happening a lot on the CDS. 🙁
- March 24, 2006 at 8:29 pm #61448
This is the point where Timstone can write:
“There seems to be two types of Costa Brit, the completely stupid who keep getting stuffed, and the very, very well off who can afford to not to care”
……and where Shakeel can write his/her usual dribble:
“Frankly anybody who buys without due care deserve to get reiffed off wether Spain, UK, Italy France etc.”
Excuse me but no-one ‘deserves’ to get ‘reiffed’ off – whatever that’s supposed to mean.
If you mean they deserve to get ripped off – that is a very callous and mean attitude. No-one ever deserves to get ripped off their hard-earned savings.
To quote you further:
“In my experience (what exactly is that, Shakeel), the Brits
1) sign up without due research…….(we did the research, dear 🙄 )
2) In a language they dont understand….(we speak Spanish 🙄 )
3) Thinking that every country system is same as uk…(no we don’t, 🙄 )
4) To save legal fee dont use a solicitors….(yes we did, supposedly one of Marbella’s finest 🙄 )
5) Dont check the track record of a builder or there previous builds…..(assume a lot, don’t you. Yes we did 🙄 )
Well, I have just saved you both the trouble of writing your little pearls of clever-dick wisdom. 😉
- March 24, 2006 at 8:45 pm #61449
Welcome back Charlie!!! 😆
- March 24, 2006 at 11:19 pm #61450
Hi acornestates – like you, our development got halted, even though all the licences were in place originally, at the time of signing.
If you have a Bank Guarantee, your lawyer can enforce it based on breach of contract and no License of Occupation.
As Claire says, you need to start the procedure for the RN.
Our litigation lawyer is undertaking this on our behalf for 1% of the Bank Guarantee amount. We think it is well worth spending 1,300 euros to get our 130,000 euros back
If your lawyer wants to charge you a far higher rate than 1%, it may be worth seeking an alternative (recommended) lawyer.
Mark, who runs this forum, can usually help with a recommendatin re. a good independent lawyer if you send him a PM.
Hope this helps.
- March 30, 2006 at 10:12 pm #61548
Charlie….well done, I totally agree with what you have said, even in the UK you have to be carefull, we had just recieved compensation from the lawyer here for lack of service, not ensuring that a bond was in place between the builder and the local council, therefore we have still not had the roads, street lights, drains adopted. Not everybody would understand the consequences of that until it happens to you. Lets say the drains get blocked, damaged etc, the council will not pay for them to be done, the builder might but if he goes into liquidation or passes away (he lives on the development) then it will be left upto the residence. We also had land that was not registered to us but we did not find out that we had not been registered with the land registry because it had been overlooked, that was three years later. You wonder why you pay all this money to have the conveyancing done on your behalf. It is all the same in Spain only I don’t think they have a straight forward way of getting from A to B, they seem to go from A to Z then to B if you understand what I am saying.
So saying that we deserve to get ‘ripped off’ shows a low IQ from whoever said such a ridiculous thing, is he/she property developer?? maybe they are.
- April 4, 2006 at 3:56 pm #61607
acornestates, I’m having a difficult time trying to identify the development you mention. Please let us have the full name of the development. Also, who is the developer?
- April 6, 2006 at 9:25 am #61629
sorry been out of the country. The Developer is Moleon-Conmar. The development is called Las Vistas de Santa Maria Golf.
- April 6, 2006 at 6:03 pm #61642
All part of the Eralia setup. Moleon is the construction copmpany of Santa Maria Green Hills.Snr. Moleon is also a director of Marbella Vista Golf.
It speaks for itself! 👿
- April 7, 2006 at 11:14 am #61655
acornestates, do you think you could forward a copy of this fax? I would like to look into the circumstances surrounding this development.
- April 7, 2006 at 3:35 pm #61662
Yes my lawyers are M-E. How do I get your fax no. Any help will be gratefully welcome.
- April 7, 2006 at 4:56 pm #61663
Its not a question of clever a dick. I have bought/sold various properties in Spain since 1985 and know people/friends who has bought through my help and no problems apart from few snagging problems.
My remarks are not guided towards you and am pleased that you speak the language etc.
As you may know that the majority of the buyers dont have a problem its the ones who have problems. Have you not heard the saying of buyers leaving their brains at Gatwick.
I do not know your personal circumstances, e.g did you do a Experian search on the company that you bougt the property from ? If you speak the lingo did you find out within the building trade about the builder ????
- April 7, 2006 at 5:06 pm #61664
NO, I AM NOT A PROPERTY DEVELOPER NOR AM I CALOUS OR WANT PEOPLE TO BE RIPPED OFF THEIR DREAMS OR LIFE SAVING.
STATEMENT LIKE THIS DIRECTED TOWARDS ME DOES NOT WORRY ME BUT ONLY MAKES ME REALIZE THAT PEOPLE DONT LIVE IN THE REAL WORLD.
THE PERSON OR BUILDER, LAWYERS, MAYOR OF MARBELLA ETC WHO DO ALL THE UNPLEASENT THINGS TO PEOPLE SAVINGS/DREAM DO NOT WORRY WETHER I AM CALOUS OR NOT !!!!!!!
- April 7, 2006 at 5:11 pm #61665
WHEN YOU BUY IN A NEW DEVELOPMENT WITHIN A PERIOD ( I BELEIVE ITS 3 YEARS) THAT THE COUNCIL HAS TO ADOPT YOUR STATE.
THIS SHOULD HAVE BEEN CHECKED BY YOUR LAWYERS.( I AM NOW TALKING ABOUT UK)
I, REITERATE I AM NOT A DEVELOPER……..
- April 10, 2006 at 9:32 am #61679
Thanks for your PM. And yes I am in the same situation as your friend. My Lawyers M-E also advised me the same. I think I will check the BG first. Thank you.
- April 10, 2006 at 9:43 am #61680
acornestates, I’ve PMed you my contact details.
- April 11, 2006 at 12:45 pm #61696
Hi acornestates, I contacted you yesterday and just found this message on site today.
I, too have received email from solicitors (ME), requesting payment. Yesterday I rang them requesting a faxed copy of my BG but still awaiting that. I’m in contact with another independent (of agents) solicitor but it is all very slow moving and now (I hold my hands up and admit) I’m not very confident on choosing the ‘right’ solicitor. Awaiting site of the BG before I make any decision but certainly at this point in time I will not be using ME or paying any money over.
- April 12, 2006 at 9:27 am #61708
Not sure that I’m using this site correctly, bear with me until I get into swing of things!
I emailed you yesterday to say I’ve requested a faxed copy of my BG from solicitors. Still hasn’t arrived. Have you got a BG? My solicitors are also ME. Are you using another solicitor now? Also noticed on yesterdays forum flw comments. Is flw assisting with this development?
- April 12, 2006 at 9:36 am #61709
I am also waiting for the BG. No site of it as yet. I have spoken to the agents seeking advice and was informed that about 40% want to go the courts route. The rest are waiting to see what happens. I am still using M*. And, no, flw is not assisting in this development. I also heard that the agents stopped selling this development in September last. But we were not informed. They seem confident that this development will start. Wait and see.
- April 12, 2006 at 10:01 am #61710
MartinM, I am requesting to see a copy of this letter to read it through and pass it on to some lawyers for a second (independent) opinion. I would also like to discover the reasons why this development got halted.
- April 12, 2006 at 10:07 am #61711
flw..Are you a lawyer, agent or something else? I’m curious! 😉
- April 12, 2006 at 10:25 am #61712
Well, not a lawyer myself. I work at a law firm in Marbella.
- April 12, 2006 at 10:31 am #61713
- April 17, 2006 at 5:27 pm #61747
You are talking absolute rubbish, the council do not have to adopt ever, they may adopt after 10 years if they wish. The information that we should have had passed on to us by the solicitors acting for us in the UK would have stopped us being in this position, we could have kept money back from the builder unitl he had complied with the council in order for them to adopt the development. You seem to know what I have forgotten!!! Stop trying to wind honest hard working people up who just want to do well for themselves, have a good quality of life. Nobody apart from those developers, estate agents who tell lies and want to make a quick buck!!! at the expense of upsetting us investors deserves to have things go wrong, loss of money, sleep , full of anxiety. So please keep your cheap comments to yourself. If you have not got anything nice to say don’t say anything. Just wish people all the best with what they want to achieve.
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