August 10, 2006 at 12:09 am #52109
I’m new to this site, though involved on other sites. Seems it’s the same old problems, but you do seem to have more legal experts on this one.
I am buying offplan in the Alicante area: Gran Mirador Golf Residential.
my villa should be ready by end of the year after two years of hassle.
I have all the correct documentation, but other buyers who have completed are still waiting for their Habitation certificates, a situation I guess I also will have to deal with when the time comes.
The issue for us and it seems to strike right at the heart of mis-selling is that there is no golf course. In fact as one of my friends says, we are halfway up a mountain, off the beaten track, and paying golf course prices for no golf course.
Typically the Sales office, a German operation, has all the right marketing tools……..a town within a town logo, superb pilottos, a fantastic range of 3D models and posters mapping out the Golf course, 5 star hotel, Commercial areas and Green areas. The sales office is fantastic, I could move in tomorrow!
BUT we are now being told by the developer that the owner of the land with Planning permission for the golf course is not them but a local family who are not as committed to the project as initially was the case. The developer maintains that the course will be built but it maybe 5 years or more? They say this came as much of a shock to them and they are applying legal pressure themselves but they are not making any concession on the property prices. I am being asked to pay over Euros500k for my property and being told with or without a golf course the value will stand up.
Nothing in my contract includes details of the site infrastructure, just the terms of my purchase and the build quality.
Legally how do you think I stand on this? Could I have some independant valuations carried out and if the figure didn’t stand up, try to complete on a lesser figure? As I said the developer will maintain the golf course will come, but will it come in time for me to enjoy it!
One of many very concerned purchasers! 😕
August 10, 2006 at 7:59 am #64554
This sounds like an all too familiar scam story. Quite shocking! 😈 The same thing has happened at Green Hills in Marbella. I’m sure there are plenty of other developments with similar tales.
August 10, 2006 at 9:17 am #64557
It’s August, so I doubt we will hear from any of the lawyers who kindly participate in this forum.
Sounds like your contract is very weak from your perspective – if you paid a lawyer who allowed you to sign that you should be very unhappy with that service. However if you have any sales and marketing material from the developer that shows that a golf course was promised as part of the package then you might have a case for compensation. That’s why it’s always very important to keep hold of every little bit of sales literature you are given by the developer you buy from. You never know when you might need it as evidence of what you were being sold.
I’m not a lawyer, so don’t take anything I say as a substitute for legal advice from a qualified lawyer. Having said that my feeling is that your idea of getting independent valuations would not help much, and would be costly to boot. You need to sit down with a good lawyer, discuss your contract and all the other material you have kept from the developer or agent, and then decide if you have any case for compensation.
This just goes to show how important it is when buying on a new development to have details of all the facilities you are being promised, for instance a golf course, incorporated into your purchase contract (normally in the form of an addendum), so that you have a clear cut case for compensation if those facilities are not delivered as promised.
August 10, 2006 at 8:02 pm #64594
Thanks Mark, hopefully in time I may get one or two more legal perspectives on this. Even now the Sales office and their current literature depict a golf course and beware a lot of Gran Mirador agencies on the web also talking about it as a golf and country club!
I guess we will have to hope the land which snakes right through the whole development is eventually turned into as a golf course, but I think this developer will be long gone by then. 😥
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