Court orders developer of Santa Maria Green Hills to return stage payments

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Buyers cannot be forced to complete on properties with an “uncertain future” rules court.

The Provincial Court in Malaga has dealt a serious blow to developers trying to force buyers to complete on properties with planning irregularities, a common problem in Marbella. The ruling will give hope to many foreign property investors who are trapped in off-plan property purchases of illegal properties in the area.

The court found in favour of an appeal by would-be-buyers of an apartment on the Santa Maria Green Hills golf development in Elviria, Marbella, who refused to complete on their property when they discovered it had been illegally built.

In the sentence, reported in the local daily ‘Sur’, the court accepted that the planning irregularities at the development meant that the buyers could not be “forced to honour the (purchase) contract and occupy a home with an uncertain future.”

The lack of a licence of first occupation, not to mention the golf course originally promised by the developers, were further arguments used by the buyers’ lawyer, Carlos Cómitre, and accepted by the court.

As a result, the court ordered Marbella Vista Golf, the developers of the Santa Maria Green Hills golf development, to return all the stage payments of 98,803 Euros to their former clients and pay all their legal costs.

This decision overturns a judgement by a lower court in Marbella that found in favour of the developers, who argued that they were not responsible for planning irregularities in the municipality.

SPI Member Comments (4)

Thoughts on “Court orders developer of Santa Maria Green Hills to return stage payments”

  • CERI BROMLEY says:

    HI,

    FRIENDS OF OURS WERE RECENTLY REIMBURSED THE 98,000.00 EUROS DEPOSIT PLUS COSTS AND INTEREST ON SANTA MARIA GREEN HILLS. THEY HAVE JUST BEEN TOLD THEY MUST NOW COMPLETE ON THE PROPERTY THEY PUT THE DEPOSIT ON.

    IS THIS LEGAL? THEY HAVE BEEN TOLD THERE BANK ACCOUNT COULD BE FROZEN, THEY ARE NOW RETIRED AND HAVE PURCHASED ANOTHER SPANISH PROPERTY AND HAVE NO INCOME. WHAT SHOULD THEY DO?

    MANY THANKS

  • Kate Smith says:

    I have just emailed my Spanish Lawyers who have supposedly been “investigating” this matter and am delighted to have read this latest update! I have sent a copy of the report to him and will update when I have his reply!

  • Greg Tanner says:

    Is there anybody there….? 🙂 That’s about the only smiley face anyone will see from me about Eralia and Green Hills.
    I was a member of this forum some years ago, but it seems my membership was ended somehow. I am still in limbo over a purchase of an apartment on Green Hills right from the beginning off plan. I won’t waste time recounting the whole story here, and frankly had all but given up on the sorry saga – having lost €130,000 or so of deposit. I only think about it about a coupel of times a year when it raises my bllod pressure. But having rejoined and seen some mentions – is anyone else here in a similar position.

    – Paid deposit

    – Refused to complete when it became clear the value was dramatically reduced without the golf course being built and all the amenities to go with it and a large part of the planned development didn’t get completed.

    – Went to court, won two cases to get the purchase cancelled. (Told at that time the developer had no more appeals they could lodge – then lo and behold somehow they did)

    – Have had zero proactivity from my lawyers a big one) for donkey’s years and no idea what the situation is with the property (is it still empty? Been sold to someone else?

    – Have no idea whether the Bank Deposit that was supposedly made can be claimed on?

    I am fortunate that I can bear the loss of €130,000 – we didn’t take out a mortgage or anything – but that doesn’t mean I am happy to just forget about it.

    Would be really interested to hear from anyone with Green Hills experience specifically. Even if you’ve moved in and are happy! I am angry and bitter about the experience – my daughters were in their early teens when we bought, and are now in their early 30s so any enjoyment originally planned has gone, but being pragmatic I’d like to figure out where I really stand and what I can still do about getting some kind of slightly positive outcome! Sorry if I am awakening sore memories for others!

    Thanks
    Greg

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