HELP PLEASE – Getting refund from Developer

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This topic contains 23 replies, has 10 voices, and was last updated by Profile photo of Anonymous Anonymous 10 years ago.

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  • #52408
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi – this is my first time in this forum. I have got a long story, but it sounds like I am not the only one.

    I bought a property off plan in Fuerteventura in November 2003 and was due to be ready in December 2005. It has been built but not released (not sure exactly why) – been told that it will be finished by January 2007. The developer has built lots of other properties in that new development (good quality) and lots of people were living there when I went there in September 2005.

    In the contract, I had a clause that meant if the keys were not delivered to me, 3 months after the original date (i.e. end of February 2006) then I can get the deposit and interest back. I am trying to get my deposit back from the developer.

    The Spanish solicitor I have was recommended to me by the estate agent (very foolish thing to do) and I don’t think they are working independently from the developers.

    I asked them to proceed with breach of contract in April 2006. After several emails/phone calls later, I was told that the developer has agreed to refund – I was shocked but pleased that my nightmare will be over soon. Nothing has happened since then. Now the solicitor is saying that it looks like the developer may go bust (not sure if this is true or just scary tactics) and therefore they are offering alternative solutions. I have been told that they will offer me “Pajare” that will give me refund by April 2007. NOT sure if this is worth it as it might just be another delay. Solicitor told me that the developers are having cash flow problems and it is in my interest to take this option. If I decide to take them to courts then it will be very lengthy and complicated process.

    ================================

    I have got following questions (I am sure these have been covered elsewhere in the forum but no harm in asking again):-

    1) Bank Guarantee:

      My bank guarantee has expired – should I have been issued another one?
      Whose responsibility is it to get BG renewed?
      How do I find out if the bank guarantee is from a reputable bank and it will be repaid?
      Can I contact the existing Bank Guarantee company to issue me a new one?

    2) Cancelling contract due to breach:
    I asked solicitor to get written confirmation of this from the developer in April, they told me that developer will not do this. From this forum, I have found out that I MUST go to Notary and get the contract invalidated to avoid dispute in future – else when the property is built I will be forced to purchase it. My solicitor should have done this but it doesn’t look like they have done this or they would have told me.

      How easy is it to find out if contract has been invalidated due to breach?
      If it has not been invalidated – how easy is it to do this? And can be done from London or do I have to be present at Notary office in mainland Spain or Fuerteventura?

    3) Power of Attorney:

      How can it be revoked?
      Can it be done from – London? Or anywhere in Spain or does it have to be done in the Canary Islands?

    4) OMIC:

      Who are they exactly?
      Do they have any power to get things done or does anyone have any experience of OMIC doing anything?

    5) Pajare:

      Is this a good idea or it is simply transferring one problem into another?
      To me, it sounds like when I come to April 2007 – I will end up in same if not worse situation.

    6) Anyone knows any good reputable Spanish lawyer? I am sure there must be lots of hard working lawyers out there – just waiting to be discovered by me.

  • #67122
    Profile photo of Anonymous
    Anonymous
    Participant

    Being new is no excuse.

    Sift through the numerous threads that cover almost all your queries. Do your own research in the threads and then come back and ask what you haven’t been able to find. If you don’t want to waste your own time don’t waste other people’s.

    And asking the same questions which have been asked -and replied- 100 times before in this forum does hurt. The word “lazy” comes to mind.

  • #67140
    Profile photo of Anonymous
    Anonymous
    Participant

    🙁

    I don’t think everything I asked is in the forum and even if it is – it does get confusing after reading different threads on the same issue. Hopefully other people will be more helpful than you.

  • #67141
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi – this is my first time in this forum.

    I have got following questions (I am sure these have been covered elsewhere in the forum but no harm in asking again)

    1) Bank Guarantee:

    My bank guarantee has expired – should I have been issued another one?
    Whose responsibility is it to get BG renewed?
    How do I find out if the bank guarantee is from a reputable bank and it will be repaid?
    Can I contact the existing Bank Guarantee company to issue me a new one?

    Has been replied a hundred times or more before.

    2) Cancelling contract due to breach:
    I asked solicitor to get written confirmation of this from the developer in April, they told me that developer will not do this. From this forum, I have found out that I MUST go to Notary and get the contract invalidated to avoid dispute in future – else when the property is built I will be forced to purchase it. My solicitor should have done this but it doesn’t look like they have done this or they would have told me.

      How easy is it to find out if contract has been invalidated due to breach?
      If it has not been invalidated – how easy is it to do this? And can be done from London or do I have to be present at Notary office in mainland Spain or Fuerteventura?

    Has been replied before.

    3) Power of Attorney:

      How can it be revoked?
      Can it be done from – London? Or anywhere in Spain or does it have to be done in the Canary Islands?

    Has been answered last week.

    4) OMIC Who are they exactly?
    Do they have any power to get things done or does anyone have any experience of OMIC doing anything?

    If you type OMIC in th search section there are threads on this forum on this subject.

    5) Pajare:
    Is this a good idea or it is simply transferring one problem into another?
    To me, it sounds like when I come to April 2007 – I will end up in same if not worse situation.

    Has been answered last week.

    6) Anyone knows any good reputable Spanish lawyer? I am sure there must be lots of hard working lawyers out there – just waiting to be discovered by me.

    If you look closely above these threads there is a thread pinned with a b¡g “attention” label called “spanish property solutions” with links to law firms, estate agencies etc…

    Your questions betray your lack of search through the threads on your queries, that’s all.

    I don’t mind replying to queries as long as people have actually bothered to look first at threads on the subject they are inquiring. You are inquiring on subjects that were dealt only last week and this week.

    As I posted, please look through the threads first, like everyone else does, and then when you can not find a reply i will be more than happy to reply.

    You must understand that it gets tiresome to reply 200 times to the same queries when all it takes is just using a bit the search function in this forum. There are very detailed replies in those threads. That’s all, nothing personal and it’s not that we are not being helpful.

  • #67142
    Profile photo of Anonymous
    Anonymous
    Participant

    OK – take it easy. I rather not pick a fight with another lawyer 😀 I got enough problem with my current lawyer.

    Please send me the link to message on “Pajare” as I don’t seem to find it on search. And for the rest, I will come back with more specific question (I am sure that they have been raised 1000 time before).

  • #67143
    Profile photo of Anonymous
    Anonymous
    Participant

    Pagarés:

    http://spanishpropertyinsight.com/forums/viewtopic.php?t=1743

    No problem. Just take some time to look at some threads. If you can not find the answer I’ll be happy to reply to all your queries.

  • #67144
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you.

  • #67145
    Profile photo of Anonymous
    Anonymous
    Participant

    You’re welcome.

  • #67212
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi bpNOTinSpain,

    I am in the similar situation as you but have been waiting for much longer.

    Must say that I have been very disappointed with the sincerety of Spanish lawyer and English estate agents.

    John

  • #67213
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi John,

    Agree that lawyers and agents are disappointing but I should have chosen an independent lawyer. Surely, they can’t all be the same and at the end of the day you have to trust someone to do their job properly & honestly.

  • #67322
    Profile photo of Anonymous
    Anonymous
    Participant

    hi, im looking for answers to questions 2 and 3 of yours, and i cand find the information either, probably wrong search words, doe any one have links to the answers please.

  • #67380
    Profile photo of Anonymous
    Anonymous
    Participant

    hi!
    I found a website that can answer all your questions: independent-spanish-property-guide.com. Try it!

  • #67381
    Profile photo of Anonymous
    Anonymous
    Participant

    @benalmadena36 wrote:

    hi!
    I found a website that can answer all your questions: independent-spanish-property-guide.com. Try it!

    i got my answers thanks from people on this website,
    the website you list is not very indipendant really just a marketing vehicle for some people trying to sell real estate. ( my opinion)
    nothing like as informative as spanish property insight.

    ok i see what your up to, you wont be on here long then will you.

  • #67382
    Profile photo of Anonymous
    Anonymous
    Participant

    mikyway, your opinion is spot on…just another spammer!! 😈

    Where is the moderator?

  • #67390
    Profile photo of Anonymous
    Anonymous
    Participant

    Sorry, I couldn’t deal with them any sooner – I was out on a field trip.

    I see the promoters of that website have been busy crawling my website for their ideas.

    Compare what I write in my ‘About’ section with what this twit Arnold van Vugt writes about himself on the homepage of that website.

    I write:

    “To understand a business there is no substitute for having worked in it. Doing so gives you ‘insight’ into the products, the companies, the clients, the relationships, the contacts and everything that goes on behind the scenes – what you could call inside knowledge.”

    He writes:

    “Working in the property business has given me insight into the products, the subcontracted firms, the contacts, the clients and the relationships. Everything that goes on behind the scenes has added to my ‘inside knowledge’ of the Spanish property business.”

    Yeah, rrright!

    It would appear that thinking for himself isn’t one of his strengths.

    Not only did they have the bad manners to plaster this forum with a rash of 30 repeat posts in shameless attempt to drum up some traffic for their website, but they also don’t have any qualms about plagiarising my content.

    I’m starting to see a number of copycat websites, all of which plagiarise my content to some or other degree. They all claim to be honest, independent, unbiased, and only interested in helping you, though why anyone should believe them is a mystery. You can be sure of one thing: They want to get their hands on that split commission…

    My tip: AVOID

    Mark

  • #67394
    Profile photo of Anonymous
    Anonymous
    Participant

    😆 Not to worry Mark, we’ll continue to be faithful to the best independent spanish property website.

  • #67395
    Profile photo of Anonymous
    Anonymous
    Participant

    Mark – Imitation is the greatest form of flattery.

    Maybe we could return the compliment – copy him by sending a few spams his way.

    Ten forum members sending 20 each should give him some ‘homework’ for an evening.

  • #67396
    Profile photo of katy
    katy
    Spectator

    😆 😆 😆

  • #67404
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks for the kind words.

    Just ignore them. Life is too short to waste any time on websites like that.

    Mark

  • #67406
    Profile photo of Anonymous
    Anonymous
    Participant

    Just trying to find info on the Question 3 “How do you revoke POA”!

    Can’t seem to find anything in the search, anyone know a link or have the answer!

  • #67408
    Profile photo of Anonymous
    Anonymous
    Participant

    😀 Sandy, back to the point, heh ?

    It depends. Some POA need no revokation. If it was specific to buy a property you don’t need it revoked. Was this a general POA granted ?

  • #67410
    Profile photo of Anonymous
    Anonymous
    Participant

    Yes!

    Circumstances have changed(Zurgena planning) since POA was given, think it might be wise to remove it. From what I can remember, our lawyer said if you want to stop it, just tell us and thats it, it will go in the bin!

    Just wondered if that was enough! 😕

    I think we need some control of the situation now!

    Cheers

  • #67411
    Profile photo of Anonymous
    Anonymous
    Participant

    I take it your POA was specific to BUY a property located in Zurguena. You don’t need to revoke it then. Forget it, because that law firm is obviously not going to use its own money to buy a property as you are not sending any.

    The problem would be if it were a specific POA to SELL or a general POA, then yes you would need to revoke it because of the risk involved.

  • #67451
    Profile photo of Anonymous
    Anonymous
    Participant

    Mark – I find this site very informative and discussions are lively – so will not be going anywhere else for information. 😀

    Sandy – If you live in Spain, you can goto Notary and revoke POA. From abroad, you can goto Spanish Embasy and revoke POA. I am going to test the latter option as I am living in London. Will let you know if I am successful.

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