Re Cancel a contract

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This topic contains 20 replies, has 5 voices, and was last updated by Profile photo of Anonymous Anonymous 9 years, 11 months ago.

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  • #52524
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    Anonymous
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    Hi I bought off plan 4 years ago at Santa Maria Elviria has anyone else bought on this development and been able to get their deposit back.

    Regards

    Phil

  • #68144
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    Anonymous
    Participant

    What development? Who are the developers?

  • #67944
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    Anonymous
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    What development? Who are the developers?

  • #68146
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    Anonymous
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    Phil – there are three main off-plan developments on/near Santa Maria Golf course that are ‘experiencing difficulties’: Green Hill, Los Lagos and Santa Maria Village.

    Each one has it’s own individual scenario of problems/purchaser situations, so as Claire asks, you need to state which development you are you involved in for anyone to reply to you.

  • #67946
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    Phil – there are three main off-plan developments on/near Santa Maria Golf course that are ‘experiencing difficulties’: Green Hill, Los Lagos and Santa Maria Village.

    Each one has it’s own individual scenario of problems/purchaser situations, so as Claire asks, you need to state which development you are you involved in for anyone to reply to you.

  • #68147
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    Anonymous
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    Thanks for your replies it is the Los Lagos Development at Santa Maria can you give me any details on this project and what success other people are having with regards to the cancellation of contracts.

    Many Thanks

    Phil

  • #67947
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    Anonymous
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    Thanks for your replies it is the Los Lagos Development at Santa Maria can you give me any details on this project and what success other people are having with regards to the cancellation of contracts.

    Many Thanks

    Phil

  • #68149
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    Anonymous
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    Phil – there was recently a thread re. latest news on this development – suggest you have a read.
    It mainly concerns an announcement by Marbella Town Hall, issued on August 16th this year, re. refusing to grant (at the moment) a Licence of First Occupation (despite what the developer may say).

    The million dollar question is: Do you have a valid Bank Guarantee?

    http://www.spanishpropertyinsight.com/forums/viewtopic.php?t=1556&postdays=0&postorder=asc&start=0

  • #67949
    Profile photo of Anonymous
    Anonymous
    Participant

    Phil – there was recently a thread re. latest news on this development – suggest you have a read.
    It mainly concerns an announcement by Marbella Town Hall, issued on August 16th this year, re. refusing to grant (at the moment) a Licence of First Occupation (despite what the developer may say).

    The million dollar question is: Do you have a valid Bank Guarantee?

    http://www.spanishpropertyinsight.com/forums/viewtopic.php?t=1556&postdays=0&postorder=asc&start=0

  • #68154
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Charlie,

    Thanks for your reply. I bought off plan but from an investor ie resale therefore my contract is not with the developer. Furthermore it appears my investor was also my original solicitor acting for me in my purchase. This was not known to me oroginally.
    However, I am now being asked to complete without the LFO on the basis that the Certificate of End of the Building has been issued to the town hall. If there is no reply from the town hall after 3 months it is considered approved on the grounds of Administrive Silence.

    They state that the judge in Marbella has rejected cliams made by owners that the Habitation Licences that have not been issued are not grounds for breach of contract by the developer.

    As the development has contracts issued to supply water and electricity the developer can cliam for payment now in full and deliver the property by granting a Public Purchase Deed?
    If i therefore do not complete it will be myself in breach of contract , and they would sell on the prperty.

    Does this picture ring true with others?

    Regards

  • #67954
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    Anonymous
    Participant

    Hi Charlie,

    Thanks for your reply. I bought off plan but from an investor ie resale therefore my contract is not with the developer. Furthermore it appears my investor was also my original solicitor acting for me in my purchase. This was not known to me oroginally.
    However, I am now being asked to complete without the LFO on the basis that the Certificate of End of the Building has been issued to the town hall. If there is no reply from the town hall after 3 months it is considered approved on the grounds of Administrive Silence.

    They state that the judge in Marbella has rejected cliams made by owners that the Habitation Licences that have not been issued are not grounds for breach of contract by the developer.

    As the development has contracts issued to supply water and electricity the developer can cliam for payment now in full and deliver the property by granting a Public Purchase Deed?
    If i therefore do not complete it will be myself in breach of contract , and they would sell on the prperty.

    Does this picture ring true with others?

    Regards

  • #68155
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Phil

    I have a friend who is waiting for Los Lagos to get its LFO, his solicitor is advising him not to complete until it’s in place, and his solicitor says it is not. My friend has been asked to complete but has refused and there the pressure has stopped, it is also my understanding that while water is now on, electricity is still on builders supply. So the advice you will find here and from me is don’t complete without an LFO on this development.

    There has been much said about this development on this board and here is my personal view of the situation. First you should know that while many of the development around los Lagos have been there for quite awhile (up to 10 years) ALL of them currently still do not have a LFO. That is they do not have a piece of paper you could frame and stick on the wall. All have them via Administrative Silence, they include Los Patios, Los Jardines, Las Terrazas and others.

    Los Lagos like the others will eventually get one I’m sure, how long we will have to wait is another matter. I have no idea whether the BG passes over in the sort of deal you have, but clearly it is important if the promoter places the small holding company which fronts los Lagos into receivership, as I asume without a BG you will lose your deposit if you have not completed. There are legal people on here who may help further on this.

    You don’t say why you want out of the deal, is it down to the lack of LFO?

    Hope this has helped

    Regards

    Paul

  • #67955
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Phil

    I have a friend who is waiting for Los Lagos to get its LFO, his solicitor is advising him not to complete until it’s in place, and his solicitor says it is not. My friend has been asked to complete but has refused and there the pressure has stopped, it is also my understanding that while water is now on, electricity is still on builders supply. So the advice you will find here and from me is don’t complete without an LFO on this development.

    There has been much said about this development on this board and here is my personal view of the situation. First you should know that while many of the development around los Lagos have been there for quite awhile (up to 10 years) ALL of them currently still do not have a LFO. That is they do not have a piece of paper you could frame and stick on the wall. All have them via Administrative Silence, they include Los Patios, Los Jardines, Las Terrazas and others.

    Los Lagos like the others will eventually get one I’m sure, how long we will have to wait is another matter. I have no idea whether the BG passes over in the sort of deal you have, but clearly it is important if the promoter places the small holding company which fronts los Lagos into receivership, as I asume without a BG you will lose your deposit if you have not completed. There are legal people on here who may help further on this.

    You don’t say why you want out of the deal, is it down to the lack of LFO?

    Hope this has helped

    Regards

    Paul

  • #68156
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    Anonymous
    Participant

    Re. buying anothers contract and BGs, check Drakans post on

    http://www.spanishpropertyinsight.com/forums/v … ight=#8426

  • #67956
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    Anonymous
    Participant

    Re. buying anothers contract and BGs, check Drakans post on

    http://www.spanishpropertyinsight.com/forums/v … ight=#8426

  • #68157
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    Anonymous
    Participant

    Drakan – Posted: Thu Aug 24, 2006 8:58 pm

    it’s more or less irrelevant if she bought from someone else because before the developer she is the one that now appears in the private contract and she is entitled to those BGs providing the LFO hasn’t been issued yet.

    Well spotted Dorothy

    Regards

    Paul

  • #67957
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    Anonymous
    Participant

    Drakan – Posted: Thu Aug 24, 2006 8:58 pm

    it’s more or less irrelevant if she bought from someone else because before the developer she is the one that now appears in the private contract and she is entitled to those BGs providing the LFO hasn’t been issued yet.

    Well spotted Dorothy

    Regards

    Paul

  • #68160
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    Anonymous
    Participant

    Hi Paul,

    Thanks for your message, we want out of the contract due to the time period, which we have been trying to progress for over 12 months now with no luck so far. Our contract had a completion date of Dec 04 so consider the seller to be in breach of his contract not us. We continue to refuse to complete.

    Many Thanks

    Phil

  • #67960
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    Anonymous
    Participant

    Hi Paul,

    Thanks for your message, we want out of the contract due to the time period, which we have been trying to progress for over 12 months now with no luck so far. Our contract had a completion date of Dec 04 so consider the seller to be in breach of his contract not us. We continue to refuse to complete.

    Many Thanks

    Phil

  • #68161
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    Anonymous
    Participant

    Hi Phil

    Assuming you mean December 2006, you may find that the promoter will do all he can to resist you canceling the contract at this stage arguing that a short delay is reasonable.

    That’s the feeling i got when i spoke to the company dealing with Los Lagos and clearly they are pushing hard to get an LFO ASAP.

    regards

    Paul

  • #67961
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Phil

    Assuming you mean December 2006, you may find that the promoter will do all he can to resist you canceling the contract at this stage arguing that a short delay is reasonable.

    That’s the feeling i got when i spoke to the company dealing with Los Lagos and clearly they are pushing hard to get an LFO ASAP.

    regards

    Paul

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