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I reserved an off plan apartment at the above development back in Feb 2005 through Ocean View Properties International, construction was anticipated to be completed by Dec 2007. Needless to say, the developer does not have a building licence yet so I have requested a refund of my deposit and to cancel the reservation.
I have been met by a wall of silence by Ocean View Properties, does anyone have any suggestions on the best way to recover my deposit?
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Disco – Is this an Aifos development?
Quote Of The Year folks – From the OVP website, extolling their services:
‘This is the true ‘cradle-to-grave’ service’
http://www.oceanviewpropertiesonline.com/whyocean.shtmlPerfect ❗
The page for Estepona Beach states: ‘Due to site updates, this section of the website is currently unavailable.’
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Get your lawyer to look into it immediately. After all the illegal licens problems in Marbella, Estepona is next and nothing not on the pgou is allowed or will be started.
Its likely you will have to sue for your money (sorry, I havent checked the links and dont know who the developer is) and it will depoend on the wording of your contract as to who you actually sue, OVP or the developer who may have been passed your money.
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http://www.aboutus.org/OceanViewPropertiesOnline.com
this may help
Always check who owns the domain address few people when starting the business think they are going to get hunted down and therefore give a great deal of information when registering 🙂
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Thanks P800aul,
Still can’t find developer, but
‘Administrative Contact’ listed=Laverick, Andy
Stratford House
Stratford Place
Birmingham B12 0HT
UK
+44 (0) 121 6930170 fax: +44 (0) 121 6930172Give him a ring Disco ❗ Would love to hear what he has to say.
In the meantime, make sure you have an excellent lawyer who is Not connected to the development in any way, shape or form – apart from Litigation 🙂
All the best to you. -
According to a poster on the eye on spain board the promoter is named as Sungolf Desarollo.
Article in Elmundo headed Police believe money embezzled in Marbella is invested in Dominican Rep.
This article mentions Sungolf and OVP
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Hi Disco – the PGOU is the general plan for development, is issued by each locality and has to be approved by the Junta (main bodies) of the area. As Spain is like the states, in regions, each with its own goverment and laws, there has to be a main body to allow local laws, building etc.
So in Marbella for example, the last official PGOU was back in the 80s. Then the Mayor Jesus Gil, produced a new one allowing all sorts of improvements and reclassified land to build on. This was rejected by the Junts (a lot of it was political) and so there were various changes and appeals over the years. However, the marbella town hall decided (with bribes) to allow builds to go on and issued licenses that were not legal as the land wasnt classified as building land for eg, or allowed a higher build, all sorts of things, on the basis that the administrative silence rule would wash over it and once peole had moved in and were using the properties, the government couldnt very well take it away.
All the town halls have been guilty f this for years and its also a Spanish trait – build something and if you get found out pay the fine as its cheaper than the planning application!
But no longer!
Now the naughty boys and girls of the town halls have been found out, jailed, stripped of their wealth (allegedly) but in the process many dwellings have been pronounced illegal and condemned!
No one REALLY knows whats going to happen but theya re now trying to sort it our.
So – check in Estepona if the development is on the last legal stamped and approved PGOU as if it wasnt, then its unlikely there will EVER be a license and you have been defrauded, one way or the other!
The deposit could be anywhere – you need a good lawyer
Good luck and sorry for any spelling errors, Im still in the office working, had a hard day since 8am on the go, mad day tomorrow and Im seeing double – unfortunately WITHOUT the aid of a red wine!! 😆
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@Inez wrote:
All the town halls have been guilty f this for years and its also a Spanish trait – build something and if you get found out pay the fine as its cheaper than the planning application!
But no longer!
Now the naughty boys and girls of the town halls have been found out, jailed, stripped of their wealth (allegedly) but in the process many dwellings have been pronounced illegal and condemned!
Now Madrid:
’16 civil servants have been arrested in Madrid City Hall today, accused of accepting money to speed up the awarding of real estate licences. They all face charges of bribery and of perverting the course of justice.News of the arrests was given by the Deputy Mayor, Manuel Cobo, who denied that there was any link to the Malaya corruption case in Marbella.
The Civil Guard agents moved in to search the third floor town planning department early this morning and have removed a large amount of documentation for inspection. Searches are also reported to have taken place in offices placed in the Chamberí, Centro and San Blas areas of the capital.
There are reports that their investigations started back over the summer, and it is understood that since then several phone lines have been bugged in the operation known as ‘Guateque’, which has taken place with the full collaboration of the municipal administration.
Both lawyers and architects are reported to be implicated in the corruption uncovered.The instruction judge 32 in Madrid has imposed reporting restrictions in the case.’ from typicallyspanish
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Company mentioned on Town Hall site
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Disco, you can get an approx. translation using Language Tools on Google.
Copy the Spanish text from Dorothy’s link, then go to Google and click on ‘Language Tools’ (you’ll find it on the right side). Then make sure you click appropriately for Spanish to English translation, paste the Spanish text in the ‘Translate Text’ box, and click on ‘Translate’.
It won’t be a perfect translation but you’ll get the gist. -
One lesson all potential buyers can learn from this is deal with an agent that can confirm that the there lawyer has confirmed that the note simple is clean, the building license is in place and the bank guarantee is in place. private buyers should make sure that the lawyers have confirmed the 3 points mentioned.
The thing that annoys me about this is you wouldnt enter into a contract in the uk without your lawyer confirming everything is ok so why do it in Spain.
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Really wish it was that straighforward Senor Nick ❗ Many have had all three points you mention wrongly ‘confirmed’ by their first & their second lawyers, and are now with their 3rd lawyer.
Corrupt lawyers in Spain & the U.K. are at the heart of the property problems, in my opinion. If they had done the job that they were paid to do – give the correct, legal & honest facts & information – many of us would not be in the mess we find ourselves in today. And the agents & developers would therefore not be able to shift these troublesome properties so easily. Thankfully, we can get excellent legal info on this forum from the resident lawyers, in addition to our own.
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@katy wrote:
Years ago in spain if you put a property on sale the agent would ask to see the escritura before listing the property and get the nota simple. Most of them don’t seem to bother now 😕
I know from my own house that some do and some dont the professional companies do it upfront if for no other reason it saves them losing a sale later on.
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@Suzanne wrote:
Really wish it was that straighforward Senor Nick ❗ Many have had all three points you mention wrongly ‘confirmed’ by their first & their second lawyers, and are now with their 3rd lawyer.
Corrupt lawyers in Spain & the U.K. are at the heart of the property problems, in my opinion. If they had done the job that they were paid to do – give the correct, legal & honest facts & information – many of us would not be in the mess we find ourselves in today. And the agents & developers would therefore not be able to shift these troublesome properties so easily. Thankfully, we can get excellent legal info on this forum from the resident lawyers, in addition to our own.
In that instance I feel very sorry for the people involved but there are people who do things in Spain that they wouldnt dream of doing in the UK. There was an Irish man who got robbed of 100000 euro which he put in the back of his car and was going to the notary to sign.
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it is indeed, but many thought they had chosen a good one, only to find out later that this was not the case. There should be enough info’ about now to be able to get a good lawyer, but as the buying public wise up, so no doubt will the con-men, so much care is still required.
Senor Nick
there will always be fools, but don’t confuse them with those who have just been conned by a lawyer in a position of trust or sadly even the justice system itself in some cases!
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