June 11, 2007 at 10:57 pm #52943
On the advice of my “Solicitor” (who I don’t think is one) in Spain I completed on the purchase of a lower apartment within the Eralia Greenhills development. I didn’t want to complete but she stated it was complete or lose the deposit of about £80K. I feel that she was either negligent or was in cahoots with the developer.
It would appear having read various threads that it wasn’t necessary to complete until the first occupancy licence was in place, and that because the development wasn’t completed to the original timetable I could have retrieved my deposit via the bank guarantee.
Does anybody have any advice ? or the details for a good solicitor with knowledge of the above? or is in a similar predicament?
Can a bank guarantee be invoked after purchase has taken place ?
Any help would be appreciated.
June 12, 2007 at 8:58 am #72894
John, there is nothing you can do now apart from sue your lawyer
June 12, 2007 at 7:25 pm #72929
My advise John is to sit back and relax sipping some Sangría.
Post of the year btw.
June 13, 2007 at 11:02 pm #72950
Fantastic post but is it a real situation?
Who would pay over so much using someone who might not be a solicitor? Is this a flip gone wrong as prices have slipped and the poster is trying to get out of it?
June 14, 2007 at 6:22 am #72951
…Is this a flip gone wrong…
No, it’s a forum double-act that went wrong.
June 14, 2007 at 11:46 am #72962
Hi Peters – What do you the odds of success are ? I do have an email where the complete or lose deposit point was iterated.
Cardinal – I was a bit naive and trusted an agent. I didn’t do enough checking of my own. I think the person I dealt with was associated with a lawyer of some kind but it wasn’t clear. Having gone back over the emails there are definate differences in style, spelling and grammer ability, which suggests more than one person was sharing the same address, and that one probably wasn’t a native english speaker. If by flip you mean did I intend to sell it straight on then yes, but that doesn’t really change anything.
Suzanne – What do you mean by a double act ?
June 14, 2007 at 1:23 pm #72965
Suzanne – What do you mean by a double act ?
It’s as ‘clear as glass…man‘.
It’s the ‘cheers’ that did it for you, Jim.
Perhaps now you will believe us when you argued our view that “you are not legally obliged to complete without a LFO”.
Am glad at least you finally realise that encouraging people to ‘complete or lose your deposit’ was wrong, though sorry you now obviously regret completing.
Several people now have a court judgement in favour of monies to be returned on the lower blocks, albeit they are being appealed against by the bank.
Out of interest why the sudden change of heart and that you now want out, when before you were happy to complete and ‘ride the storm’?
June 14, 2007 at 1:38 pm #72966
I get the impression that people thing I’m somebody else. Why is this ?
I’m new to this forum thing. I initially posted the same request for help on eye on spain last week and was pointed in the direction of this site by somebody under the alias “Mr C”.
I’ve read some of the strings and there does seem to be some animosity between the various people that post.
Charlie – Do you think I have no comeback now that I’ve completed ? Has the developer delivered a complete product without the first occupation licence ?
Cheers (I always write this after emails – I get the impression if I look back through the strings I can maybe work out who you think I am 🙂 )
June 14, 2007 at 1:48 pm #72968
Just got your gist. I now know who you think I am. Very… punny 🙂
June 14, 2007 at 3:00 pm #72969
Has the developer delivered a complete product without the first occupation licence ?
The answer to that is a simple ‘No’ – it is not a ‘complete product’.
No LFO, and no legal-status building licence (revoked since March 2004 and still currently suspended under judicial review).
The land used for Green Hills was designated in the 1986 PGOU for townhouses, a public road, and public park and gardens. The local residents were promised these facilities years ago.
Let’s hope for all those who completed that GH will not come under any demolition order.
June 14, 2007 at 5:44 pm #72972
JDSOS,John,by way of an explanation the forum has suffered from ,well how can I say this ,some rather odd postings ,it was a little unfortunate that your posting came on at the tail end of one such similar request which was clearly bogus
However, you have I can assure you come to the right place , as I am sure you have already gathered,the depth of knowledge on this forum is truly extensive and you will indeed find answers here ,best of luck
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