La Reserva

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This topic contains 66 replies, has 14 voices, and was last updated by Profile photo of Anonymous Anonymous 10 years, 4 months ago.

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  • #51807
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    Anonymous
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    Is there anyone out there who is waiting to hear about La Reserva de Marbella Block II? I bought off plan through More Reprehensible International & their lawyers More Evasive. It seems that Block 7 will not be completed. Although there is a BG on development was told by ME that I am not covered by it – totally illegal and abusing clause in contract. Thinking of changing lawyers who seem to be working in the interests of developer rather than client, but loathe to spend more cash if there is a chance I am not going to get my 30% payment back.

    Would you believe the developers recently asked me if I would like a dishwater installed (at extra cost). There isn’t even any water or electricity licence for the block & it seems never will be! Would love to hear from anyone also involved with this development/agent/lawyer. Thanks.

    Suzanne – London πŸ˜₯ 😑

  • #62137
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    Anonymous
    Participant

    Hi Suzanne,

    These lawyers in Puerto Banus have failed to get many people Bank Guarantees for various developments. Several people in our group are victims of this company. They are now asking these same people for several thousand more euros(4-7,000) to take the case to court to try and get the clients money back. It is their (M-E) negligence that has put people like you in this position. Disgusting!

    You can make a complaint to the Collegio de Abogados. Tell them you will. Don’t loose your 30%. Change Lawyers ASAP. Why line their pockets any further. 😈

  • #62140
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    Anonymous
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    @Claire wrote:

    Hi Suzanne,

    These lawyers in Puerto Banus have failed to get many people Bank Guarantees for various developments. Several people in our group are victims of this company. They are now asking these same people for several thousand more euros(4-7,000) to take the case to court to try and get the clients money back. It is their (M-E) negligence that has put people like you in this position. Disgusting!

    You can make a complaint to the Collegio de Abogados. Tell them you will. Don’t loose your 30%. Change Lawyers ASAP. Why line their pockets any further. 😈

    Thanks Claire,

    I will make the complaint. Also discovered that Lawyers can be fined 80,000 to 30,000 Euros for not guaranteeing down payments via DE DEFENSA Y PROTECCION DE LOS CONSUMIDORES Y USUARIOS DE ANDALUCIA. They’ll be hearing from me too – as well as many others I hope. 😑

  • #62152
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    katy
    Spectator

    Hi Suzanne, didn’t know La reserva has problems, is it only certain blocks? Friends bought there but at least 2 years ago, it is now on long term rental.

  • #62153
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    Anonymous
    Participant

    @katy wrote:

    Hi Suzanne, didn’t know La reserva has problems, is it only certain blocks? Friends bought there but at least 2 years ago, it is now on long term rental.

    Hi Katy,

    I received information from an independent lawyer in Marbella (recommended) who said there were problems with blocks 3 & 7. I bought in block 7. He sent me a copy of a notice from the Town Hall (in Spanish) which apparently says that there will be no completion on block 7. This is the final block on the development. I am trying to find out more but it’s not an easy process as you know. I also know of banks who are not giving mortgages there.

    I’m trying to find out exactly what the situation is, but if you hear anything would be very pleased to hear.

    Regards, Suzanne

  • #62473
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    Anonymous
    Participant

    @Suzanne wrote:

    @katy wrote:
    Hi Suzanne, didn’t know La reserva has problems, is it only certain blocks? Friends bought there but at least 2 years ago, it is now on long term rental.

    Hi Katy,

    I received information from an independent lawyer in Marbella (recommended) who said there were problems with blocks 3 & 7. I bought in block 7. He sent me a copy of a notice from the Town Hall (in Spanish) which apparently says that there will be no completion on block 7. This is the final block on the development. I am trying to find out more but it’s not an easy process as you know. I also know of banks who are not giving mortgages there.

    I’m trying to find out exactly what the situation is, but if you hear anything would be very pleased to hear.

    Regards, Suzanne

    Instructed new lawyer one week ago, and today received phone call from old lawyer (ME) trying to get me to stay with them. They said they were friends with my new lawyer, had discussed my case with them, and that it would be no problem for them to get back the money I had transferred last week with my new instructions ❗ ❗ They also told me they had “information” that could help me and that they didn’t think other lawyers had access to. They are obviously losing clients rapidly and doing anything they can to keep them. I told my new lawyer of the above and have asked for me to put it all in writing.

    I really don’t need the extra stress and distrust this has generated: πŸ˜₯ .

    Beware of lawyers losing business. They can sound very persuasive.

    Suzanne

  • #62476
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    flw
    Participant

    This lawyer is not only dishonest but also rather unintelligent. What was he thinking, that you were not going to discover the truth? I find it a totally disgraceful attitude, absolutely inappropriate for someone who calls himself a lawyer.

    I was not at that wedding, but I can confirm that what you were told by this JR is a pack of lies.

  • #62477
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    Anonymous
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    @flw wrote:

    This lawyer is not only dishonest but also rather unintelligent. What was he thinking, that you were not going to discover the truth? I find it a totally disgraceful attitude, absolutely inappropriate for someone who calls himself a lawyer.

    I was not at that wedding, but I can confirm that what you were told by this JR is a pack of lies.

    flw – You are right that this alleged conversation between opposing lawyers took place at a wedding but I certainly didn’t tell you, or post that information on this forum. I have to presume you are working for one or the other of them – in which case annonymous messages aren’t reassuring ❗ Who are you & what does JR stand for ❓ ❓ On what can you base your confirmation ❓

  • #62478
    Profile photo of flw
    flw
    Participant

    Suzanne, sorry for posting this somewhat strange post; I was feeling outraged after today’s β€œincident”. I do work for one of the firms you mention, and this information was made available to me by my brother Antonio. Mr ** works for ** and is not connected to ourselves in any manner.

    I don’t like using the forums for self promotion, and would like express my views and opinions freely, without having to worry about how this can affect the company I work for. This is the reason why my post was kept rather anonymous. Unfortunately, lawyers have their freedom of speech restricted when it comes to talking about other colleagues. I’m not a lawyer myself, so I guess I am free to express my opinion in this regard. It’s my personal crusade against malpractice!

    Once again, please accept my apologies for any inconvenience this might have caused you.

    Inigo

  • #62482
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    Anonymous
    Participant

    Whatever happened to good old client confidentiality????!!! It comes to something when your private affairs are being discussed by 2 rival companies at a wedding!
    And, furthermore, somebody who admits that they are not even a lawyer is now party to the information by dint of being family!!!! Good grief.
    Suzanne, if these lawyers can’t keep their info to themselves I’d take your business somewhere else completely.

  • #62484
    Profile photo of flw
    flw
    Participant

    hillybilly, not exactly. No matters whatsoever were discussed at this wedding. You have probably misunderstood the whole story, not realising the fact that our “competitor” from ** has been raising false claims, something which is leading you to believe we do discuss our clients’ matters at parties.

    If you read my post again, you will notice that I mention that I do work for the company, and “incidentally” I happen to have family bonds with our head lawyer (which I don’t think is a crime). No, I’m not a lawyer, and I have never pretended to be one. This doesn’t mean I don’t have my own code of ethics. As you probably understand, a law firm is not only comprised of lawyers, there are many other positions that need to be covered with people with different skills, just like in any other company.

    Please get all the facts before making such assumptions.

  • #62488
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    Anonymous
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    So, you’re saying that it’s right, proper and professional that you are privy to confidential information, which you then comment on @flw wrote:

    I can confirm that what you were told by this JR is a pack of lies

    in a public forum, because the “head lawyer” @flw wrote:

    I do work for the company, and “incidentally” I happen to have family bonds with our head lawyer

    is your brother @flw wrote:

    this information was made available to me by my brother

    ????!!!

  • #62491
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    flw
    Participant

    Have I made public any confidential information?? Please quote me.

  • #62493
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    katy
    Spectator

    It seems to be a very incestous profession (in the UK too). I had a very good lawyer in marbella but stopped using him because one of his partners came to live next door to me. Its not unusual for them to be related in some way to the Notary. Can anyone PM me to let me know who are ME lawyers? want to make sure I don’t use them!

  • #62502
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    Anonymous
    Participant

    @hillybilly wrote:

    So, you’re saying that it’s right, proper and professional that you are privy to confidential information, which you then comment on @flw wrote:
    I can confirm that what you were told by this JR is a pack of lies

    in a public forum, because the “head lawyer” @flw wrote:

    I do work for the company, and “incidentally” I happen to have family bonds with our head lawyer

    is your brother @flw wrote:

    this information was made available to me by my brother

    ????!!!

    Hilybilly – thanks for your support.

    Good job I wasn’t at ‘THE WEDDING’ – it might have turned into a gunshot one ❗ ❗ The saga continues 😯 .

  • #63170
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    Anonymous
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    Returned from Marbella Sunday. The developers were then still insisting we ‘complete’ or lose our 30% ❗ Unfortunately some have done so, despite the keys to apts being in Malaga, so they have not even viewed what they are paying for. Unbelieveable πŸ˜• I managed to climb up and look through an open window and the apt is definitely MUCH smaller than original plans.

    Yesterday La Reserva developers (Penarroya) were arrested and are now in jail. Hope they throw in the lawyers too who were obviously in cohoots with them. AND the agents who kept all this from us πŸ‘Ώ πŸ‘Ώ

    I am now fighting to get my Β£ back.

  • #63173
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    Anonymous
    Participant

    Good Luck Suzanne. I know only too well how you must be feeling. 😈 😈 😈
    Lock up the shotgun! πŸ˜‰

  • #63232
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    Anonymous
    Participant

    Despite Penarroya Director being arrested their staff on site at La Reserva office are STILL this morning ringing round telling people they have to complete NOW or lose their 30% deposit. So many are becoming confused and scared. I spoke with one lady today who is seriously considering walking away from it all and not fighting for her Β£ back as says she can’t face “years” of battling or paying more legal fees. These developers are doing their best in trying to wear people down and intimidate them into completing 😈 😈

    Makes me sick, sick, sick ❗ ❗

    I’m wondering – if some of these people complete whilst knowing the fraud that is involved, whether they could become answerable to the LAW and culpable too ❗ Any views on this, my wise friends ❓ ❓

  • #63235
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    Anonymous
    Participant

    Their mad completing! But I understand their probably sick to death with fear and confusion. Didn’t they seek alternative advice?

    What I don’t understand is how come these Notary offices are allowing completions to go ahead without the LFO in place, if its known to be causing such a raucous, or do they simply have no dealing with it or care about that issue?

  • #63335
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    Anonymous
    Participant

    The Habitation Licence forum looks like the one with the greatest exposure.
    Could all of you who have problems at La Reserva post on the Habitation Licence forum – please.
    This will make it easier for all of us who have problems at La Reserva, Santa Maria, etc to co-ordinate our efforts without having to jump from forum to forum.

    I hope you all agree, Thanks.

  • #63550
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    Anonymous
    Participant

    If anybody out there has any update on the situation with Manzana 5 I would be pleased to hear about it. I have various people out on CDS trying o get an updae from the town hall but no joy as yet. It has gone very quiet . . . . no pressure, no nothing

  • #63551
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    Anonymous
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    The Habitation Licence forum looks like the one with the greatest exposure.

    Where is this Habitation Licence forum?

    Do you have a link for it?

    Katerina

  • #63553
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    Anonymous
    Participant

    Think he might mean the Thread on here titled Habitation Licence. ❓

  • #63554
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    Anonymous
    Participant

    Seamus, we have been co-ordinating our efforts for the last 16 months!!! Many of us are quite a long way down the legalities route. You are welcome to come on board. Maybe you should contact Suzanne who is tied up with La Reserva.

  • #63555
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    Anonymous
    Participant

    Seamus – Thank you for your 7 PMs. Just to clarify:

    1. Mr Penarroya (Developer) is not in jail. He was held for two days, released on 30,000 Euros bail, and charged with bribary.

    2. You have been told by the Agent that M* “have now got their act together” ❗ ❗ Lawyers should have their ‘act together’ BEFORE day 1, not 3 years down the line 😑 (There seems to be one person from the Agent who is telephoning many people, giving advice. He called me briefly and I thanked him, but told him I thought it was far too late to start taking an interest). You may call me paranoid, but Agents do not work for the Social Services.

    I personally would not buy a bus ticket from M* but we all have to make our own decisions about which lawyer we use. There is a lot of great advice on this forum about that and it’s worth having a look at the many previous postings.

    3. Manzana 3 Block 7 (where my apt. is) is definitely built on greenbelt land. Your lawyer should be able to tell you the status of your block.

    4. There are over 700 apts at La Reserva. The original plans were for 420, according to my info.

    Hope that helps.
    Best regards, Suzanne

  • #63877
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    Anonymous
    Participant

    Hi all, especially Suzie. I’m off to to visit site, meet lawyers and to find out what the state of play is. I’ll be there from 17 – 21 July inclusive. My apt is 7432. I’ll post here anything useful on or after 22 July. My intention is to recover my 30% deposit. I’ll be out there with my Spanish mobile 0034 617 760 754. If any other worried purchasers, but no-one else, want to discuss the situation, feel free to call me. We are all in the same situation so let’s support each other. Rob.

  • #63677
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    Anonymous
    Participant

    Hi all, especially Suzie. I’m off to to visit site, meet lawyers and to find out what the state of play is. I’ll be there from 17 – 21 July inclusive. My apt is 7432. I’ll post here anything useful on or after 22 July. My intention is to recover my 30% deposit. I’ll be out there with my Spanish mobile 0034 617 760 754. If any other worried purchasers, but no-one else, want to discuss the situation, feel free to call me. We are all in the same situation so let’s support each other. Rob.

  • #63884
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    Anonymous
    Participant

    Rob, what a kind & thoughtful gesture. πŸ™‚ It’s the way to go in a situation like this. If you can contact other buyers it will strengthen your position. The very best of luck!

  • #63684
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    Anonymous
    Participant

    Rob, what a kind & thoughtful gesture. πŸ™‚ It’s the way to go in a situation like this. If you can contact other buyers it will strengthen your position. The very best of luck!

  • #63900
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    Anonymous
    Participant

    Rob, will be thinking of you out there. Don’t forget to ask lawyer about BG and why you don’t have one. Great idea of yours to check out Block 7 in the evening and see if there REALLY are people who have moved in. Since we spoke I’ve heard that developers are now threatening to cancel contracts on owners who do not complete immediately. Without the proper licences in place, of course they cannot do that. You can ring me on my mobile at any time while you’re out there, if need be.

    Best, Suzanne

  • #63700
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    Anonymous
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    Rob, will be thinking of you out there. Don’t forget to ask lawyer about BG and why you don’t have one. Great idea of yours to check out Block 7 in the evening and see if there REALLY are people who have moved in. Since we spoke I’ve heard that developers are now threatening to cancel contracts on owners who do not complete immediately. Without the proper licences in place, of course they cannot do that. You can ring me on my mobile at any time while you’re out there, if need be.

    Best, Suzanne

  • #63902
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    Anonymous
    Participant

    Hi all. I’ve just found this forum today and the topic here is of great interest to me as i have bought apt i block 3, manzana 6. I have tried thru agents, lawyers,brokers, etc, to locate other buyers in the same situation but for some reason there is not much help forthcoming. I have come to the conclusion that i have to take developers to court to get my money back but i have yet to instruct my lawyer.
    I am of the opinion that the best way forward would be a class action case against the developers and this means locating as many buyers as possible.I feel this has to be put together as quickly as possible before the developers retain deposits on default by buyers. Once this is done it makes the case for buyers to get there deposit money back so much more difficult. Obviously the more people involved in the action,the stronger the case when it goes to court and there are savings on legal expenses too. For speed of action it may be better for contacting via telephone now. I know Rob has left a number that i will try and mine is 07957573822

  • #63702
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    Anonymous
    Participant

    Hi all. I’ve just found this forum today and the topic here is of great interest to me as i have bought apt i block 3, manzana 6. I have tried thru agents, lawyers,brokers, etc, to locate other buyers in the same situation but for some reason there is not much help forthcoming. I have come to the conclusion that i have to take developers to court to get my money back but i have yet to instruct my lawyer.
    I am of the opinion that the best way forward would be a class action case against the developers and this means locating as many buyers as possible.I feel this has to be put together as quickly as possible before the developers retain deposits on default by buyers. Once this is done it makes the case for buyers to get there deposit money back so much more difficult. Obviously the more people involved in the action,the stronger the case when it goes to court and there are savings on legal expenses too. For speed of action it may be better for contacting via telephone now. I know Rob has left a number that i will try and mine is 07957573822

  • #63907
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    Anonymous
    Participant

    Steventhewell – What is the current legal situation in your block ❓ I (and others on this forum) are in manzana 3, block 7, where proper licences are not in place. It is the developer who is defaulting on the contract – not us – therefore they cannot legally retain our deposits. Many of us have started legal proceedings and are with the same law firm after leaving previous lawyers who have NOT been working in our interests. We have been fighting our battle for some time. If you are in a similar situation to us, with no BG etc., and are not satisfied with your lawyer it is surely time to find another one.

    Some have suggested asking for a discount in legal charges when there are many of us with same firm. I personally am not in favour of this. We need expert & professional advice and I think should be prepared to pay for it. Also, the legal status of blocks at La Reserva seem to vary and we are in different situations. I know of one person who bought 3 apts there, and rightfullly so it is costing them a lot more in legal fees.

  • #63707
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    Anonymous
    Participant

    Steventhewell – What is the current legal situation in your block ❓ I (and others on this forum) are in manzana 3, block 7, where proper licences are not in place. It is the developer who is defaulting on the contract – not us – therefore they cannot legally retain our deposits. Many of us have started legal proceedings and are with the same law firm after leaving previous lawyers who have NOT been working in our interests. We have been fighting our battle for some time. If you are in a similar situation to us, with no BG etc., and are not satisfied with your lawyer it is surely time to find another one.

    Some have suggested asking for a discount in legal charges when there are many of us with same firm. I personally am not in favour of this. We need expert & professional advice and I think should be prepared to pay for it. Also, the legal status of blocks at La Reserva seem to vary and we are in different situations. I know of one person who bought 3 apts there, and rightfullly so it is costing them a lot more in legal fees.

  • #63912
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    Anonymous
    Participant

    La Reserva is “deja vue”! Been there, done that…almost got the T-Shirt!

    Re class action, the courts in Spain do not like them. As Suzanne says, every case is different, and the courts treat them individually. It does help if you use the same lawyer, as it cuts the ground work down for individual cases, and so for this reason, you may be able to negotiate terms. Obviously if there are people who have multiple apartments they would have to act separately.

    I wish you all loads of luck.

    Claire.

  • #63712
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    Anonymous
    Participant

    La Reserva is “deja vue”! Been there, done that…almost got the T-Shirt!

    Re class action, the courts in Spain do not like them. As Suzanne says, every case is different, and the courts treat them individually. It does help if you use the same lawyer, as it cuts the ground work down for individual cases, and so for this reason, you may be able to negotiate terms. Obviously if there are people who have multiple apartments they would have to act separately.

    I wish you all loads of luck.

    Claire.

  • #63916
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    Anonymous
    Participant

    Thanks for reply Suzanne.In Manzana 6 as far as i’m being made aware by my solicitor,there are no licences being issued.The developers have applied some months ago and are therefore pleading the ‘administrative silence’ option. My lawyer has been fairly straightforward in his advice in basically telling me it would not be wise to complete, so therefore take the developers to court to retrieve deposit. As far as the bank guarantee is concerned,it was an option to be taken up in the small print in my purchase agreement costing 2000 euros, which i did not pay. But my lawyer says that even if i had paid to obtain this insurance policy,it would not have helped in these cases.
    As i’m not unhappy with my lawyer so far,i may stick with them. Just out of interest though. What does your claim detail through your lawyers. I mean apart from deposit and interest,could it include furniture bought,expences,etc.

  • #63716
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    Anonymous
    Participant

    Thanks for reply Suzanne.In Manzana 6 as far as i’m being made aware by my solicitor,there are no licences being issued.The developers have applied some months ago and are therefore pleading the ‘administrative silence’ option. My lawyer has been fairly straightforward in his advice in basically telling me it would not be wise to complete, so therefore take the developers to court to retrieve deposit. As far as the bank guarantee is concerned,it was an option to be taken up in the small print in my purchase agreement costing 2000 euros, which i did not pay. But my lawyer says that even if i had paid to obtain this insurance policy,it would not have helped in these cases.
    As i’m not unhappy with my lawyer so far,i may stick with them. Just out of interest though. What does your claim detail through your lawyers. I mean apart from deposit and interest,could it include furniture bought,expences,etc.

  • #63917
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    Anonymous
    Participant

    Hi Clare. I missed your last post but interesting comments on the merits of a ‘Class action’ . I’ll have to seriously consider your view though.

  • #63717
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    Anonymous
    Participant

    Hi Clare. I missed your last post but interesting comments on the merits of a ‘Class action’ . I’ll have to seriously consider your view though.

  • #63919
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    Anonymous
    Participant

    HI Steven,

    Firstly, I cannot believe that your BG was an”optional extra”! 😯 You should have one by law. Apart from that , your lawyer sounds OK, given that he is advising you to take legal action against the developer. A bank guarantee, is there to protect your deposit + interest. That is all you would get back and MAYBE, legal expenses. Any other claims for compensation would be a seperate case. As you do not have BG, then maybe you could roll it all into one case. Some one else that I know from Our development is doing just that as he also has no BG. His case was heard last week and so far I do not think he has heard of any decision. ..win or loose!

    We have just been awarded our deposit + interest to be paid to us ahead of the BG because after 3 years our apartments were never built. Any other claims we are dealing with as a seperate compensation claim. Another point to bear in mind is that the bank does not pay compound interest!

  • #63719
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    Anonymous
    Participant

    HI Steven,

    Firstly, I cannot believe that your BG was an”optional extra”! 😯 You should have one by law. Apart from that , your lawyer sounds OK, given that he is advising you to take legal action against the developer. A bank guarantee, is there to protect your deposit + interest. That is all you would get back and MAYBE, legal expenses. Any other claims for compensation would be a seperate case. As you do not have BG, then maybe you could roll it all into one case. Some one else that I know from Our development is doing just that as he also has no BG. His case was heard last week and so far I do not think he has heard of any decision. ..win or loose!

    We have just been awarded our deposit + interest to be paid to us ahead of the BG because after 3 years our apartments were never built. Any other claims we are dealing with as a seperate compensation claim. Another point to bear in mind is that the bank does not pay compound interest!

  • #63921
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    Anonymous
    Participant

    I have spoken with many people who bought off-plan at La Reserva. NONE of them have a BG, but all do have an ILLEGAL CLAUSE in the contract stating that they should pay for one if they want it ❗ ❗ BGs are free, by Law, and developers have been required by Law since 1968 to provide this to the buyer, stating exactly where their money is held in a Protected Account. At the time of buying we were not aware of this and our lawyer did not tell us but allowed this clause in the contract without warning. I would be interested to know why your lawyer now says that a BG would not help in your case. The Courts can fine developers/lawyers very heavily on this illegality alone.

  • #63721
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    Anonymous
    Participant

    I have spoken with many people who bought off-plan at La Reserva. NONE of them have a BG, but all do have an ILLEGAL CLAUSE in the contract stating that they should pay for one if they want it ❗ ❗ BGs are free, by Law, and developers have been required by Law since 1968 to provide this to the buyer, stating exactly where their money is held in a Protected Account. At the time of buying we were not aware of this and our lawyer did not tell us but allowed this clause in the contract without warning. I would be interested to know why your lawyer now says that a BG would not help in your case. The Courts can fine developers/lawyers very heavily on this illegality alone.

  • #63923
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    Anonymous
    Participant

    .
    “As i’m not unhappy with my lawyer so far, i may stick with them.”

    Am sorry, but I don’t understand. He failed to get you a Bank Guarantee!!

    He failed in his duty to protect your money by insisting on your legal right to have a Bank Guarantee.
    Suzanne is absolutely right in saying they are not only free, but also developers are obliged by law to provide one.
    Any decent lawyer knows this, and would insist on obtaining it for his client.

    You say your lawyer told you that even if you had paid to obtain this insurance policy, it would not have helped “in these cases”.
    It seems to me he is covering his backside for not having ensured you had a Bank Guarantee.

    It is exactly for these type of cases where off-plans go wrong, that Bank Guarantees were brought in by law – to protect the purchaser!

    And in my opinion, the fact he didn’t insist that the developer give you one, it appears he is one of these lawyers that are in the developers pockets, like our original lawyer was.

    I, like Claire, have just recently been to court (successfully), claiming my money back with legal interest via the BG.

    Of course, all cases and scenarios are different with each development, but at least you should have all the protection possible offered by law.

    Steven – seriously think about looking for a new independent (recommended) lawyer.
    Without this, you really will not have your interests protected, or have anyone to fight your corner.

    And by what you say, to date your lawyer has failed in this.

    Barbara

  • #63723
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    Anonymous
    Participant

    .
    “As i’m not unhappy with my lawyer so far, i may stick with them.”

    Am sorry, but I don’t understand. He failed to get you a Bank Guarantee!!

    He failed in his duty to protect your money by insisting on your legal right to have a Bank Guarantee.
    Suzanne is absolutely right in saying they are not only free, but also developers are obliged by law to provide one.
    Any decent lawyer knows this, and would insist on obtaining it for his client.

    You say your lawyer told you that even if you had paid to obtain this insurance policy, it would not have helped “in these cases”.
    It seems to me he is covering his backside for not having ensured you had a Bank Guarantee.

    It is exactly for these type of cases where off-plans go wrong, that Bank Guarantees were brought in by law – to protect the purchaser!

    And in my opinion, the fact he didn’t insist that the developer give you one, it appears he is one of these lawyers that are in the developers pockets, like our original lawyer was.

    I, like Claire, have just recently been to court (successfully), claiming my money back with legal interest via the BG.

    Of course, all cases and scenarios are different with each development, but at least you should have all the protection possible offered by law.

    Steven – seriously think about looking for a new independent (recommended) lawyer.
    Without this, you really will not have your interests protected, or have anyone to fight your corner.

    And by what you say, to date your lawyer has failed in this.

    Barbara

  • #63925
    Profile photo of Anonymous
    Anonymous
    Participant

    I’ll put these points to my lawyer and see what responce i get. It seems that no names of companies are allowed to be printed on this forum. But if i do decide to change my lawyer ,has anyone got any recomendation’s for lawyers who have done well in this situation. I suppose whichever lawyer i instruct will have to work on the fact that i have no bank guarantee though.
    By the way, has everyone on the La Reserva development not got the bank guarantee. If this is the case,then all the lawyers have been negligent.

  • #63725
    Profile photo of Anonymous
    Anonymous
    Participant

    I’ll put these points to my lawyer and see what responce i get. It seems that no names of companies are allowed to be printed on this forum. But if i do decide to change my lawyer ,has anyone got any recomendation’s for lawyers who have done well in this situation. I suppose whichever lawyer i instruct will have to work on the fact that i have no bank guarantee though.
    By the way, has everyone on the La Reserva development not got the bank guarantee. If this is the case,then all the lawyers have been negligent.

  • #63930
    Profile photo of Anonymous
    Anonymous
    Participant

    Unfortunately, Steven, it is widely accepted on the Costa del Sol that there are lawyers who for ‘certain reasons’ go with the bidding of the developer – often against the best interests of their client.

    Lawyers are often chosen for recommendation by a developer because they know this particular lawyer can be ‘persuaded’ to look after the developers’ interest.

    Therefore, it follows that on one particular development you can find a ‘group of lawyers’ being ‘negligent’ as you put it when it comes to their clients.

    A lawyer who regularly contributes impartially on this forum with excellent free advice/knowledge as to what is going on, wrote recently:

    “Just so you know some developers are bribing corrupt politicians in Town Halls with millions of euros to get a LFO it’s that important for them because they know that independant lawyers will not complete without it.

    If you happen to find a lawyer whose willing to complete without one you can bet your life he’s getting tipped by the developer and/or REAs”.

    On this particular occassion, he was referring to a lawyer advising to complete without an LFO (which I know your lawyer is not) – but the principal of lawyers ‘getting tipped by the developer’ as a practice that exists in CDS is the same:
    A lawyer can be ‘biased’ towards the developer.

    And I repeat that I believe a lawyer that allowed you to pay your money without a Bank Guarantee in your name (your right by law) is not acting in your interest.

    In your shoes, I would rather my lawyer have said : “On this particular development, as the developer is refusing to issue you a Bank Guarantee, I would advise against this particular purchase”.

    I know – all too late now. But at least this is why I would recommend now you find a new independent lawyer.

    Barbara

  • #63730
    Profile photo of Anonymous
    Anonymous
    Participant

    Unfortunately, Steven, it is widely accepted on the Costa del Sol that there are lawyers who for ‘certain reasons’ go with the bidding of the developer – often against the best interests of their client.

    Lawyers are often chosen for recommendation by a developer because they know this particular lawyer can be ‘persuaded’ to look after the developers’ interest.

    Therefore, it follows that on one particular development you can find a ‘group of lawyers’ being ‘negligent’ as you put it when it comes to their clients.

    A lawyer who regularly contributes impartially on this forum with excellent free advice/knowledge as to what is going on, wrote recently:

    “Just so you know some developers are bribing corrupt politicians in Town Halls with millions of euros to get a LFO it’s that important for them because they know that independant lawyers will not complete without it.

    If you happen to find a lawyer whose willing to complete without one you can bet your life he’s getting tipped by the developer and/or REAs”.

    On this particular occassion, he was referring to a lawyer advising to complete without an LFO (which I know your lawyer is not) – but the principal of lawyers ‘getting tipped by the developer’ as a practice that exists in CDS is the same:
    A lawyer can be ‘biased’ towards the developer.

    And I repeat that I believe a lawyer that allowed you to pay your money without a Bank Guarantee in your name (your right by law) is not acting in your interest.

    In your shoes, I would rather my lawyer have said : “On this particular development, as the developer is refusing to issue you a Bank Guarantee, I would advise against this particular purchase”.

    I know – all too late now. But at least this is why I would recommend now you find a new independent lawyer.

    Barbara

  • #63760
    Profile photo of Anonymous
    Anonymous
    Participant

    Havn’t heard from my lawyer today. Would like a recommended lawyer( maybe Suzanne’s). If i do decide to instruct another. Are they very pro- actively working well on your case? Any others and reasons for recommending them?

  • #63960
    Profile photo of Anonymous
    Anonymous
    Participant

    Havn’t heard from my lawyer today. Would like a recommended lawyer( maybe Suzanne’s). If i do decide to instruct another. Are they very pro- actively working well on your case? Any others and reasons for recommending them?

  • #63784
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Steven – have sent you a PM.

    All the best,

  • #63984
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Steven – have sent you a PM.

    All the best,

  • #64072
    Profile photo of Anonymous
    Anonymous
    Participant

    When you think the developer can’t possibly come up with any more c*** , I have learnt today that I “owe 630 Euros in service charges” ❗ ❗ Others in block 7 have today received this news. As we haven’t completed on the apt, and obviously don’t live there I’m wondering how stupid do they think we all are ❓

    Also, for those in block 7 – yes apparently people have moved in. I’ve been told they are Spanish and wouldn’t be at all surprised if they are friends/family of the developer (of course, I may be wrong about that 8) ), but it is a lot easier for the authorities to bulldoze a site that’s empty.

    Rob – looking forward to hearing from you on your return from La Reserva.

  • #64073
    Profile photo of Anonymous
    Anonymous
    Participant

    Errrrrrrrr ….why do they think you would pay service charges on something you do not own, cannot complete on, do not live in ❗ ❓ Tell them to take a hike….or words to that effect!!! πŸ™„ 😈

  • #64075
    Profile photo of Anonymous
    Anonymous
    Participant

    http://www.devwatch.com

    see thread….Lies and corruption

  • #64077
    Profile photo of Anonymous
    Anonymous
    Participant

    Bit late in the day to post, but have finally caught up with what has been happening on these forums. I am a President of a Community in La Reserva, after completing a successful coup and disposing the last Pres (Husband of Ana PeΓ±arroya) and the last Administrators (bleeding us dry with fees). We are now a lot better off, and paying less. We do not have our LFO but have lived here now for two and a half years. We are now in a position to fight from the inside out, and fully intend to do so. I would be happy to hear from all owners in La Reserva, and more than happy to answer any questions I possibly can, about what is happening here. I am sick to death of the greed and corruption these fools believe they can get away with, and fully applaud all legal action taken against this unscrupulous money grabbing developer.

  • #64079
    Profile photo of Anonymous
    Anonymous
    Participant

    Suzanne.
    Thanks for phone call earlier today. Have had email from another owner who is coordinating a meeting in London on behalf of several prospective owners with a Span/Eng legal firm.
    Believe advice of all that “No LFO No Purchase” is the best possible advice you can get with regard to Manzana 3 Block 7, Manzana 5 and Manzana 6.
    Lawbird also appear to have a good reputation, although am concerned about the information that apparently occasionally leaks out !!

  • #64080
    Profile photo of flw
    flw
    Participant

    @ManzanaPresident wrote:

    …although am concerned about the information that apparently occasionally leaks out !!

    😯

    Will just lurk from now on…

  • #64081
    Profile photo of Anonymous
    Anonymous
    Participant

    ALL of us have had to learn that PMs are sometimes more appropriate and that it’s usually good to take a deep breath before posting on the forum. I for one am very grateful for all the information I receive. Stay with us flw πŸ˜‰

  • #64096
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Manzana.It’s obviously good to have your valuable input from someone in your position. I am looking to find the true legal purspective on my apt in Manzana 6, block 3 ,after maybe getting the run-around from my lawyer. Suzanne has given me a contact of another lawfirm in Marbella who seem genuine. I ‘d be interested to know more details on the meeting of buyers in London though.Can you give me some details to investigate further.

  • #64097
    Profile photo of Anonymous
    Anonymous
    Participant

    Tried to call you Rob while you were in Marbella but didn’t make contact. How did you get on. I’m very interested to here any new developments or info you have.

  • #64184
    Profile photo of Anonymous
    Anonymous
    Participant

    La Reserva featured on ‘Tonight with Trevor McDonald’ Friday, 28 July 8:00pm ITV 1.

  • #64242
    Profile photo of Anonymous
    Anonymous
    Participant

    We have only just found your site……….We bought off-plan in Manzana 3 Bloque 4 in 2002 having been advised that it was good for investment purposes, expecting it to be completed in May 2005.

    Despite keep querying with our Lawyers as to when completion was likely, we heard nothing until mid December when we were then advised that completion had to be before 15th January 2006! We were turned down by the Promoter’s mortgage and have struggled through to get another mortgage which is now accessible to us, but having recently been out to see La Reserva we are horrified that even a year after the bloque should be complete – it still does not look finished, the swimming pool looks dreadful and we are not at all satisfied with the whole development.

    We changed Lawyers in Martch 2006 and have now refused to complete. We are going to try and get some of our 30% deposit back, if at all possible.

    If anyone has been in the same situation, we would really like to hear from you.

    We understand there was a programme on with Trevor Macdonald, but sadly we didn’t hear about it until too late!

    Regards
    Dee and Alan

    [/b]

  • #64243
    Profile photo of Anonymous
    Anonymous
    Participant

    Hello allhour,

    Glad to hear you’ve fired your original lawyers ❗ There are many of us in the same situation. I think I know the answer to this question but did you get a Bank Guarantee ❓ I haven’t come across anyone at La Reserva yet that has one πŸ‘Ώ πŸ‘Ώ I have sent you a PM.

    We’ll keep in touch.

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