This topic contains 6 replies, has 3 voices, and was last updated by  Anonymous 13 years, 1 month ago.

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  • #51130


    Dear All i wonder if any one can help i am in the process of buying off plan{though the main structure of the complex was there} In Fuertventura at Antigua Bay complex nr Nuvo i have just been given by e mail from my lawyer that the builders have given a date of 1st Aug as a compleation, however friends who were out there six weeks ago say there was no chance. What is the minuim i should have before i make another payment i have not had a signed copy of the contract by the builder from the agent but my lawyer says she has one.Should i have 1st reg/habitation i have given power of attorney to my lawyerfor this purpose.before i pay 50%. i have asked my lawyer to have a look and see if the property is nearly ready, she vouches for the builder and has said she will ask the builder for a bank guarentee as we are nervous. is there any more we should be doing.
    Cheers Smurf 😕

  • #58381


    Dear Smurf,

    First of all , if you are using an expert independent lawyer you shouldn’t worry and be nervous about the purchase porcess.

    Anyway , to have peace of mind you should not sign the contract or pay the developer without having the bank guarantee with you or your lawyer, don’t accept promises unless the contract says it will be given to you in , say, 7 days with the option, otherwise, to withdraw and get the money back.

    You should not go ahead without the complete drawings of the building and your flat, the list of qualities materials used in the building and the building license from the council.

    The contract have to mention the special bank account where all the payments have to be deposited, you can’t be charged for the costs of the bank guarantee and you can’t be charged for the cancellation of the development’s mortgage.

    You should inspect from time to time the building process and before completion you or your lawyer HAVE TO have the first occupation license, don’t accept excuses or promises….., and you should inspect your apartment before you sign the deeds and pay the balance, you have the right to receive the apartment in perfect conditions.

    Well, I hope this helps. oh , and don’t tell your lawyer that you have got all this advice from another lawyer or you could be in trouble…

    For a very complete information have a look at the dossier about buying off plan done by Mark Stucklin, published in this web site.

    Kind regards, good luck.

    Jose Maria Sanchez Alfonso
    Lawyer, Abogado
    Costa del Sol, Málaga

  • #58386


    Hello Jose. I am being very cheeky here !! My husband & I have a bit of a problem. If you read my original post, topic:Santa Maria Green Hills on the general forum, It will illustrate what the problem is. Mark said you may be able to help us,( in a professional, fee paying way, )but that you could not work miracles!! We are just looking for a trustworthy Lawyer. Maybe you could have a preliminary look at my post and tell me what you think.

  • #62739


    Hi Clare hope things are getting better for you and your hubby, there seems to be lots like you i wonder how come we keep getting cought out, i know you did a lot of home work before you bought and seem very intelligent so if you can be ripped off what hope for others. We have bought in Fuerterventura and have problems there but hope they are resolved soon. Good luck.

  • #62790


    Hi Claire,

    Sorry I have just read your post, I am rather busy nowadays, it seems to get crazy (the same every year) as the summer comes near.

    Could you please send me a private message telling briefly what is your problem and we’ll see what we can do.


  • #62915


    Jose i would like to thank you for all the info and very good advice. We are nearly at an end and ready to sign once the paper work is done, we have refused to compleate till then. However the complex is 9mth over due we do have a clause to claim, but have been told that is not as easy as made out, and buyers usually lose against developers any advice
    Regards Paul 😀

  • #62922


    Jose.. I have to laugh. You replied to my post ONE YEAR AND ONE WEEK LATER!!!! :lol: Is that a record time ? 😉

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