June 20, 2006 at 8:36 am #51916
the development is not habitable that is the problem there is an infestation of rats someone and their is a problem with block 1 it has started to subside my lawyer alfonso jimenez has put a claim in for us and is expecting to get substantial compensation as he has done this for several other buyers on this development
good morning all,
i have found the above information this morning, to my horror!
as i mentioned in another thread, we have only learned this week, that in addition to above, the developers have never issued a bank guarantee, and written in our contract, it says we must complete even without the habitation licence. I am very worried that if we don’t complete when required we will lose our £30,000 deposit, but our lawyers are still saying we must complete or lose our £30,000, this can’t be right can it?
can somebody pleeeeeeeeeease help!!!!!!!! or at least, can someone give us the name of an honest independent lawyer that might be able help us not have to lose our money or complete on what looks like a disaster!
why our contract has not been re-written so that it complies with the law , i don’t know?
June 20, 2006 at 8:41 am #62926
………in addition to the above, our lawyers have conceded that the developers have broken the conract on two other issues, the size of the apartment is 78m2 INSTEAD OF 100m2 and the 4 year build time is twice the estimated time.
June 20, 2006 at 8:53 am #62927
Goodstich – I have sent you a PM re lawyers.
June 22, 2006 at 7:21 am #62973
see below from another site, how bad can this get and we are still being advised by our lawyers to complete on miraflores,………. what do you think?
In response to the message about rats and subsidence in Block 1 posted on the ‘Riviera del Sol’ website on 19 June, I emailed my solicitor to ask him to look into the matter for me. Below is his reply:
“I have been speaking this morning with the person in charge of First Oc. License in the Mijas Town Hall.
The whole complex has been subject to a fine for damages in the “stream” (valley next to the complex) , therefore the file for the licence has been stopped until Aifos repair all the damages in the valley.
Aifos has not notified the “fines” department yet in writing saying that they have restored the place; when they do so, the department will send an inspector to check it and then contact the Licence Department to tell them to go ahead.
I was shocked to hear that the Inspector Urbanístico (town planning inspector) has not even been to the complex to check all the buildings, private areas, common areas and the outside areas like pavements, infrastructure for light, water, telephone, street lights, etc etc etc. This is basic in order to get the licence, so we cannot even guess when the license will be given ! not during the summer, I think (and also that person in the dept!).
As I told you, the licence for blocks 5,6 & 7 was applied for in October and still they don’t have it – of course! The application for blocks 1,2 & 3 was presented at the end of March.
Regarding the piece of text from a forum that you have sent to me: I haven’t heard of any legal actions against block 1 or against Aifos. Sometimes lawyers are very keen on starting legal actions on behalf of clients, money, money…..!
Oh, and of course the advice from that Dept. was NOT to sign deeds without the license.”
So, it looks as though the issue of the 1st Habitation Licence is still some way off, but how far will depend, initially, on how quickly Aifos clean up the ‘stream’.
I am feeling a little less concerned about the subsidence issue as it appears to be a rumour without any substance – hopefully!
For information, I have not been asked to go out and snag as yet. Perhaps this is just as well, as Aifos would be wanting me to ‘complete’ as soon as that part of the process was finished!
Keith (Block 1)
keith t. williams Wednesday.
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