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😥 We signed contracts for 2 apartments in 2006 overlooking pools in the same garden at Polaris World. Before signing our two families who are related went to see the complex which was beautiful on the brochures. Instead of 2 pools shown on the brochures there was only one in our complex. One of our apartments was overlooking a play area which was supposed to be overlooking a now non existant pool. We refused to sign and they offered another apartment on another complex but we signed the contract so our families could be together in the same complex and holiday there together. Polaris has now said it is keeping our deposits total 120,000 euros and reselling the two apartments. We said we would buy the one apartment which was more or less what we agreed on the contract even though there is now only one pool and if all apartments are full about 1600 people could be sharing that one pool. They have said we have breached the contract by not signing. How can it be that they can try to force you into buying something you did not agree to in the first place. We had a solicitor in Alicante we thought the further away the better as corruption is still rife, now they say there is nothing that can be done as we did not sign. We have lost our life savings. We even said that why could they not transfer the deposit from the unacceptable apartment to the acceptable one. It is disgusting the way that Polaris World treats people they care only about money,surely someone out there needs to put a stop to this. I just hope that if our experience stops other people from making the same mistake as us it will help ease our pain. The company is obviously very very desperate for money. We should have saw danger signs even with the name POLARIS it is just a big bomb waiting to explode and take as many people as possible along with it .
We have also sent Jack Niklaus a letter to inform him of the type of company he is actually putting his name to on their supposed 3 golf courses none of which are ready yet. -
Take a look on the forum for mariadecastro. If she is the same Maria that I see post on another forum, she is very good with lots of good and free advice.
She has mentioned elsewhere about how much deposit a developer can keep and what is classed as a breach of contract. As I read it, Polaris World broke their sales contract with you by not providing the second pool. Was it written in any of the promotional material you received?
All the best
Mark
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What you might find on the brochure is some small print saying this is an artist impression and may not resemble the actual finished article.
You may also have signed a contract that says they have the right to change amend actual facilities provided etc or something like if that.
Don’t forget they are fighting for their lives to keep your money and you probably want the money back as you can now buy better value properties for 50% of the price. I’m not defending Polaris, just adding a point of view that until the contract has been legally checked you will probably find they are in their right to do what they have done.
Ian
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Answer to rob6578 no I have not signed at the notary, the only contracts we signed were back in 2006,I even noticed the contract was dated 2005 so they even got the dates wrong on the contract.
What is annoying is the Spanish Solicitor in Alicante said we had a good case 3 months ago, he has had all the paperwork all that time and now tells us because we refuse to sign on the acceptable apartment it affects the case of the other one and we have no chance of getting our money back.
I think it is just a case of they are all lining each others pockets. The Solicitor will probably have the cheek to charge us a lot of money for doing nothing.
I know Polaris is in big trouble, I spoke to one of the builders the other day and he said that they are having major problems with flooding as the concentration camp is built on a flat plain, the properties on the ground floors should have been put on footings a foot higher. They are also using cheap materials as prices have gone up and they are struggling.
I know this does not help me get my money back but if they go bust it will help me sleep better at night.
Thanks to everyone who has offered advice I will contact the British press and look at other suggested forums for advice. -
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@lynn wrote:
Answer to rob6578 no I have not signed at the notary, the only contracts we signed were back in 2006,I even noticed the contract was dated 2005 so they even got the dates wrong on the contract.
What is annoying is the Spanish Solicitor in Alicante said we had a good case 3 months ago, he has had all the paperwork all that time and now tells us because we refuse to sign on the acceptable apartment it affects the case of the other one and we have no chance of getting our money back.
I think it is just a case of they are all lining each others pockets. The Solicitor will probably have the cheek to charge us a lot of money for doing nothing.
I know Polaris is in big trouble, I spoke to one of the builders the other day and he said that they are having major problems with flooding as the concentration camp is built on a flat plain, the properties on the ground floors should have been put on footings a foot higher. They are also using cheap materials as prices have gone up and they are struggling.
I know this does not help me get my money back but if they go bust it will help me sleep better at night.
Thanks to everyone who has offered advice I will contact the British press and look at other suggested forums for advice.I think the solicitor is right, you can’t claim breach of contract against polaris when you yourself are effectively breaching contract on the perfectly good property, even if you see the two contracts as one, I doubt there is nothing in law that would make them one, might be wrong.
As far as one overlooking a play area, that is unfortunate and I dislike polaris sticking play areas on the resorts. But they did offer you another property. As far as this disjointing the two properties, well again I doubt in law the purchase will viewed as one, they will be viewed in law as two seperate contracts.
I’m not a solicitor but have a certain amount of training in contract law, hence just my opinion.
Doubt whether you have any mileage here. The bombs waiting to explode and concentration camp stuff, well let the buyer beware, but isn’t it all a bit OTT. That said I never thought a great deal of the Condoda site, especially given the economic climate, although only time will tell.
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@katy wrote:
Difficult to get the Press interested as they have had a huge revenue from that company as have the TV.
It doesn’t work like that. The tabloids are all competing against each other to flog papers and all want the hottest stories. The X Factor angle is certainly worth a shot!
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🙁 thanks for the tip 4749anjoe Maybe it is just me but I cannot seem to get it right at the moment I am waiting for my paperwork to be returned from a solicitor in Alicante. I picked that area as I thought it would be out of reach of Polaris I searched for ones with good reputations etc, the solicitor emailed me 3 times a day saying I had a very good case and it was worth going to court. I said ok go ahead sent all my contracts. Then hardly heard from them again only to say my court case was now weakened because I refused to sign for the other apartment. So he is now sending the paperwork back with a invoice which he will not give me a price for on the email. So I do not know how much I am going to be charged for them doing nothing. I can see why people just give up. It is just so difficult to fight when everyone is only after your money and do not care about your feelings. Good luck with your case I hope it all works out. I sound bitter in my story but it is all the money I had and it has been snatched away so easily. I would not have heard about this company if they had not ben allowed to advertise on Uk Tv. I assumed I would be taken care of by such a big company. If you order something from a catalouge and when it arrives and you do not like it you can send it back but here you have no choice they expect you to keep it. All the best but anyone who reads this please DO NOT take a risk by buying from this company. If you have already bought I hope everything works out for you in the future.
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I am still worrying and waiting for my contracts to be returned from the solicitor who had took on my case. Word of warning for everyone apparently once the Licence of first occupation has been issued you have no chance on earth of getting any money back. I have been trying to inform as many people as possible, about pitfalls especially buying offplan. But most of the people who can help pass on the message will not as it affects their income. I replied to a person on the channel 4 website forum who film place in the sun, they asked is Polaris World Dodgy in October . I replied nicely and said I would wait until all the facilities that are promised are in before you buy, and if they are still afloat after that then look at buying there if you must. They have taken her question off the forum along with my reply. So again you try to pass the word but there is always someone trying to put a stop to it.
DO NOT TRUST ANYONE especially buying offplan they want your money and that is all they care about. once you have put pen to paper kiss goodbye to your hard earned cash, even if you have a case to get your money back which would be highly unlikely it will cost you thousands in solicitors fees. Then if you lose at court you could end up paying 20,000 euros costs. -
Lyn, I think that as you signed the contract in 2006 you cannot back out and expect to get your money back and that would have been made clear to you at the time. POLARIS’S paperwork does say that their brochures and plans dont form the contract and they can do modifications, thats what happens with off plan. They cancelled the two pools in one garden scenario due to environmental issues (they say) Jardine 12 also has only 1 pool now. However, they expect only 1/3rd occupation even in peak periods if the resort mirros other POLARIS resorts. By offering you another apartment they will feel they are meeting their obligations- its a pity you couldnt have persuaded them to offer you two adjoining apartments elsewhere.. They have moved and combined two smaller shopping parades to create 1 larger central area, at the time that caused much consternation but provided they keep the mini mart near on the sports boulevard people will accept it. Purchasing from POLARIS has not been without its stresses and strains but now properties are being released people seem very happy with what they have purchased. 1 golf course is well on target- the others were always going to be post 2010, the shopping area has brickies working on it as I write, Jardines, Naranjos (penthouses and apartments) and Los Ilsa are ahead of schedule. El Mirador is on hold due to the credit crunch but the Jana villas are close to completion with the Golf Suites and other villa’s still in the pipeline. All the garden area’s are planted, establishing and look good. In fact the resort looks very good. As they hadnt started the bits they have put on hold there’s nothing half built as an eye sore.
I’m sorry that you believe you have lost your money and can only suggest you get better legal advice. We had a couple of wobbles during the purchase process but always knew if we didnt sign at the notary we would loose the deposit. They cannot have people backing out, it makes sense. If you book flights you dont get all the money back if you cancel. As for people who criticse POLARIS resorts- they are what they are, a manufactured golf resort, but for us its our holiday bolt hole with plenty of facilites at a price we could afford- elsewhere in Spain we were priced out of the market.
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Lyn, I think that as you signed the contract in 2006 you cannot back out and expect to get your money back and that would have been made clear to you at the time. POLARIS’S paperwork does say that their brochures and plans dont form the contract and they can do modifications, thats what happens with off plan. They cancelled the two pools in one garden scenario due to environmental issues (they say) Jardine 12 also has only 1 pool now. However, they expect only 1/3rd occupation even in peak periods if the resort mirros other POLARIS resorts. By offering you another apartment they will feel they are meeting their obligations- its a pity you couldnt have persuaded them to offer you two adjoining apartments elsewhere.. They have moved and combined two smaller shopping parades to create 1 larger central area, at the time that caused much consternation but provided they keep the mini mart near on the sports boulevard people will accept it. Purchasing from POLARIS has not been without its stresses and strains but now properties are being released people seem very happy with what they have purchased. 1 golf course is well on target- the others were always going to be post 2010, the shopping area has brickies working on it as I write, Jardines, Naranjos (penthouses and apartments) and Los Ilsa are ahead of schedule. El Mirador is on hold due to the credit crunch but the Jana villas are close to completion with the Golf Suites and other villa’s still in the pipeline. All the garden area’s are planted, establishing and look good. In fact the resort looks very good. As they hadnt started the bits they have put on hold there’s nothing half built as an eye sore.
I’m sorry that you believe you have lost your money and can only suggest you get better legal advice. We had a couple of wobbles during the purchase process but always knew if we didnt sign at the notary we would loose the deposit. They cannot have people backing out, it makes sense. If you book flights you dont get all the money back if you cancel. As for people who criticse POLARIS resorts- they are what they are, a manufactured golf resort, but for us its our holiday bolt hole with plenty of facilites at a price we could afford- elsewhere in Spain we were priced out of the market.
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Lynn – As far as I understand, there is no LFO here, so you would surely be perfectly within your legal rights not to complete on a property without this – aside from the other problems. I’m presuming, like some others with this development, that you have no Bank Guarantee?
There are different phases here; I think that some were refused planning permission originally.
If you are changing lawyers your new lawyer should be able to exert pressure to get your file moved over without any more delaying tactics. Be firm.
All the best,
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Lynn – As far as I understand, there is no LFO here, so you would surely be perfectly within your legal rights not to complete on a property without this – aside from the other problems. I’m presuming, like some others with this development, that you have no Bank Guarantee?
There are different phases here; I think that some were refused planning permission originally.
If you are changing lawyers your new lawyer should be able to exert pressure to get your file moved over without any more delaying tactics. Be firm.
All the best,
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There are two Jardines that should have had two pools and ended up with just one. However, in total there are 12 pools across the 13 Jardines. 1 was never going to have a pool. I think these Jardines have their LFO (certainly hab certs now) Lynns particular Jardine completed through Aug and Sept with the others steadily following to complete and Naranjos Jardines continuing to complete now- some Naranjos owners are awaiting their Hab Certs but they are coming through eventually. Not reading/hearing any issues about Bank Guarantees for these properties now although it was raised alot during early and mid 2008 (we got ours each time) There arent any issues in relation to these Jardines with planning permission, that was resolved long, long ago. A phase due to be built during 2009 is on hold (credit crunch) as it hadnt sold well, but the resort infastructure is ongoing.
This particular Jardines loss of a pool caused a lot of upset at the time, it seems most people came to terms with it or took the alternative apartment offered by Polaris. Its true a play area isnt what most people want to look out on, but they aren’t awful- we are side on to one. The brochures and plans do say the developer can make modifications and sadly I haven’t heard of anyone who has had success using this scenario as breach of contract, and I do know a few tried. There was an issue about the position of pergolas on the roof terraces- people had selected their apartment with a front or rear pergola and when they came to view they had the opposite to their expectations. They got no where with their complaints or demands for compensation. Some were offered another apartment but were required to pay a transfer fee- not sure if anyone took up that offer.
I think Lynn needs to speedily get better legal advice as maybe her 1st Solicitor let her down.
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There are two Jardines that should have had two pools and ended up with just one. However, in total there are 12 pools across the 13 Jardines. 1 was never going to have a pool. I think these Jardines have their LFO (certainly hab certs now) Lynns particular Jardine completed through Aug and Sept with the others steadily following to complete and Naranjos Jardines continuing to complete now- some Naranjos owners are awaiting their Hab Certs but they are coming through eventually. Not reading/hearing any issues about Bank Guarantees for these properties now although it was raised alot during early and mid 2008 (we got ours each time) There arent any issues in relation to these Jardines with planning permission, that was resolved long, long ago. A phase due to be built during 2009 is on hold (credit crunch) as it hadnt sold well, but the resort infastructure is ongoing.
This particular Jardines loss of a pool caused a lot of upset at the time, it seems most people came to terms with it or took the alternative apartment offered by Polaris. Its true a play area isnt what most people want to look out on, but they aren’t awful- we are side on to one. The brochures and plans do say the developer can make modifications and sadly I haven’t heard of anyone who has had success using this scenario as breach of contract, and I do know a few tried. There was an issue about the position of pergolas on the roof terraces- people had selected their apartment with a front or rear pergola and when they came to view they had the opposite to their expectations. They got no where with their complaints or demands for compensation. Some were offered another apartment but were required to pay a transfer fee- not sure if anyone took up that offer.
I think Lynn needs to speedily get better legal advice as maybe her 1st Solicitor let her down.
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I am still waiting for my original contract to be returned from the Solicitor in Alicante nearly 8 weeks now my stress levels are through the roof. The LFO´s were issued and bank guarantees. I went to the Cam bank to see how to get at least some money back. They tell me the bank guarantees are only a guarantee that I have paid money to Polaris World???. I see by some replys that certain people are happy with what they have got, even though facilities what were promised were not put in. I was actually going to live on the site so I looked at it differently. It was not just going to be a bolt hole holiday home. With the credit crunch and times getting so hard for all I think they will just look after their own. The president of Polaris was actually originally a lawyer until he saved his money to open a multi milion pound business selling golf properties. I have written to all the TV channels in the UK who advertised this company, the British consulate, all Government departments, newspapers, Jack Nicklaus, all the property programmes, just asking for advice and not one person has replied. No-one cares it is everyone for themselves Im afraid. I served 16 years in the British Army and 6 years in the British police. I sign a peice of paper and my life savings dissapear. Does anyone read the newspaper articles on Typically Spanish there are so many Mayors and town hall officials getting investigated for corruption it is frightening.
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We also plan to retire to the apartment. Its not about what they didnt put in it is what we have in the end. No doubt the pools have been an enormous blow to some people as was the moving of the original foro and agora shopping parades. But they have been combined to provide a larger shopping facility not taken away altogether. We took an agents advice not to buy overlooking a pool because in the busy times it can prove chaotic especially if you live on the resort as the pool can be used well into the evenings. We chose a garden view and then they built a play area on it. We felt that was disappointing and it unsettled us for a good few weeks but we knew if we didnt complete we’d loose all the deposit and stage payments. They do not expect 100% occupancy even in peak times more like 40%. I’m afraid this is what off plan is about nothing is finall till the last brick is laid. The resort does look very good however,and building continues at a pace apparentley the villa’s will start mid year.
I think you had very poor advice and where in such an anxious state wanted to believe what you heard. Is there any room for you to reconsider and go ahead with the purchase? Whilst these are very rocky times you may be able to sell in the future and at least you would have something to show for your money.
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Lynn have you got any further with this? I note that there are people who were buying on the El Mirador part of the development are planning a protest because this area is not now being built. Many want their money back and they plan various protests. They have been offered apartments elsewhere on the resort but many people want what they chose first time around.There’s a link to them on the EOS forum- I thought you might find contacting them helpful.
I feel sorry that it has come down to this for you so hope you can get some good advice.
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Hi all
I am also on this Phase of Condado
I have paid my deposits, not had all my bank gtees
I have been asked to move
I have been told it is on hold indefinitely, no time scale. Told roof terraces will def be reduced by 30% to house solar panels.Mirador is not on current plans and sales literature
I want my money back, no one will reply to me from POLARIS
I think we should picket offices, I think we should all complain as much as we can. We should all unite.
RED DEVIL TREV
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Mirador plans always showed reduced roof terraces due to solar panels- advertising offered reduced electricity fees with solar panels as there’s no gas. The larger terraces are why Jardines and Naranjos proved more popular- 2 bed roof terrace is huge.
Mirador had the option of buying a 2 bed ground floor or a 3 bed ground floor- same space but for full time living the two bed ground floor was more realistic. Mind you, the occupants of Jardines and Naranjos seem to be managing. Snaggit Murcia have just completed an alteration of a Naranjos 3 bed to a 2 bed with extended living room.
However PW need to respond to their prospective buyers- if you dont choose to move elsewhere on the resort or to another resort they will go with the line that you are waiting for a new release date for Mirador. Legal advice is essential.
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I went in early and I can assure you taht I had signed up on the basis that it was a full terrace. The first I heard about the change was when i was met recently in Condado with a view to exchange my property.
I still have not yet recived my second gtee and am now considering what egal steps i can have to recover my deposits. In my mind they are in breach of contract. One not recived bank gtee, Two no build and no definite date. Three a change to Roof Terrace, due to a non build.
None of these are as a result of anything I have done
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I wrote a letter to Polaris actually begging for them to allow me to buy one property to live in. They have replied and stated they will not transfer my payments to the one apartment. Even though my circumstances have changed, they have the only money I own. I explained my situation which over christmas my Grandmother died she was going to be in the other apartment which I originally signed for and used my savings money to pay her stage payments until she had sold her house in the UK. I now only require one apartment. Polaris World have told me they cannot afford to sell me just one property. They admit they are finding it difficult to sell any of their properties. I really cannot understand their way of thinking why would they rather try to have sell two properties to someone else than sell me one then they only have to sell one?. I cannot come to terms with the fact that I will have to rent a property for the rest of my life as they have all my savings.
I hope the people who were buying at Mirador have a happy ending but it will be a very long drawn out process if trying to get any money back. 😥 -
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Lynn I can see that they wont transfer the money from two properties into one- they see them as separate contracts. Is your name on both properties or has your Grandmother signed contracts for one? If so surely there’s some legal redress there as you cant continue a purchase if deceased.
On the point of the solar panels: purchasers on Jardines and Naranjos knew from early in the release of Mirador that they were to have reduced terraces and solar panels. It caused quite a buzz across the forums mostly along the lines of ‘why are they getting those and not us?’ I saw design plans on various agents sites showing the reduced terrace. However I agree that the models at the HQ didnt represent those pictures merely showed the original Jardines style.
It was the same when it was discovered they would create a groundfloor two bed on Mirador as the Jardines and Naranjos only have three bed ground floor apartments. Lots of consternation- we would have considered two bed ground floor had it been available.
PW have been down these lines of problems many times before, have a legal department dedicated to sorting these things in PW’s favour. They have their contracts tight enough to delay and confuse and they know most people fall by the wayside because of cost and difficulties in communication. They say this is what you have to expect when buying off plan.
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Lynn, I am really sorry for the position you find yourself in. I hope a better Solicitor can help you.
Katy, I dont think we’re on Polaris’s side so much; its just we did know we’d loose our money if we didnt complete. Once you sign a contract thats the position, during last year as everything began to go chaotic this was a real concern for us. Our agent had made it very clear what off plan meant and that we might see changes to the facilities or layout and the builder is entitled to do that and the design layouts we signed said it. The Polaris employee who handled taking our deposit and signing all that intitial paperwork also explained that to us again and advised us to get an independent Solicitor- which we did. I suppose I have thought that everyone got that service from PW, because even the rep who took us on the inspection visit made comments about possible changes, ‘asthetic’ he said.
I think removal of the 2 pools was terribly upsetting to many people- who had chosen a specific location. But the contract as signed allows PW to make changes and this was one of them. As was moving the shopping parade. Many people had bought in a specific position so that they could be near the shops- because phsyically they need to be near facilites without having to drive. Again there was much consternation but to no avail.
Had we bought on Mirador on this resort we too would have wanted our money back because we’d have picked a particular apartment and not wanted to have to take a pick of what was left elsewhere on the resort. At that point, yes, we’d have been very bitter about PWand their interpretation of offplan.
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Well Janha
I did contract to buy on MIRADOR , my problems are taht i still dont have a bank gtee and I dont have a completion date. I ahve been told that it is unlikely that this phase will be built. It is not being advertised currently in any sales literature. Is anyone else in the same boat as me. How long ,ust I wait to get my deposit monies back. I do not want to transfer to another property. I have haerd talk about a 18mth period. Work had commened on Mirador it had been pile drived, flattended and ready to build.I look fowrad to seeing replies -
Red, if the pile driving is accepted as commencement of building then it would suggest they are in breach of contract because isnt there a specific period between commencement and expected completion- what does your solicitor say?
I know on another forum someone was trying to get Mirador owners to a meeting outside the HQ earlier this month.
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Like most people I am awaiting for a reply to emails from both my solicitor and polaris world but both appear to be ignoring me. All i want issome answers to my queries and points. I still think taht the concept of condado de alhama is fine and proceeding nicely, but i signed up the peace and tranquility of MIRADOR. i feel its not going to get built for many a year, i do not see whu I should have to wait. I also understand that there are many similar people like me who have paid deposits and not getting any customer service.
Still the snows stoipped and i have booked my next costa blanca holiday for March 2009 😀 8) -
I have a contract on MIRADOR phase, Condado de alhama paid all my deposits on time, not yet received my bank gaurantees. Expected to complete this year. Told in December 2008, that the phase was on indefinite hold for now. My contract states I can have a refund after 18mths of commencement of building works. Anyone else in a similar position want to share thoughts ideas about non fulfillment of contract. Anyome knows what commencement of building works means. The site for this phase as been piledrived, flattended etc. Anyone else got pictures I can look at.
Red Devil Vince
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It may interest other owners and people who expected to be owners on CdA that they held their 1st General Assembly yesterday. The 1st meeting for owners of one part of the resort descended into chaos almost immediately as the budget and subsequent community fees fell into controversy straight away- being at least twice what anyone was expecting.
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Over time have been wondering if Lynn ever manged to resolve her issues with Polaris World. We note/have been made aware that a lot of depositors/owners have relocated to other apartments on the resort after the disappointment of PW taking away the couple of pools and postponing building of Mirador, Golf Suites and further phases of the Penthouses. The resort continues to grow albeit slowly but recently the Isla apartments have been proceeding through completion, golf course 1 is to open shortly (already has had professional trial),a supermarket, bar and two restaurants have opened since July 2009 and the sports zone has been open successfully since the spring and various football pitches are open.
It hasnt all been plain sailing with the managerial company and community fee issues, drainage problems and some people have had problems with damp.
PW have generously (!) given land to Alhama Council which will assist with the proposed high speed rail link from Madrid- Corvera (new airport location) and Cartagena. A Chinese theme park has the go ahead for Lorca together with a business park (simply networking.es) all good for the area.
Hoping those who were disillusioned with PW (and with good reason) stuck it out and managed to get an alternative because (fingers crossed) the resort now looks like it does have potential. There are properties across the resort unsold but a really high percentage have owners and many are Spanish residents which will save the resort from becoming total expat enclave and a ghost town in the off season.
PW have been also been able to set up a golf pro shop in the Al Kasar thereby cutting down on the outlay for a ‘temporary’ club house. But its true the place is a much smaller resort (albeit 3000 apartments) than sold in 2006 onwards.
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Hi,
we have made an experience in a case where Polaris has refunded the paid moneys after two years without even starting the buildings, and in the end it was not necessary to go to court (though we had the writ prepared to be filed in). We made pressure from different angles (consumer protection authorities) and after 4 months, just when we were about to file the writ, the developer refunded the moneys. The client evidently saved the time a court action involves (1-2 years in the first instance) and also the upfront moneys for court proceedings. Admittedly, he did not get any compensation for the moneys being held by Polaris for 1 year and a half, but at least he was relieved to get his money back.
Your case seems comparetively different as the breach of contract seems to be produced by the “missing” pool, in a complex where the buildings seem to be in place. Tipically such amenities (pool and so on) are not mentioned in the contracts, but in the publicity you are given when you purchase. The success of the court action depends then in the credibility and details of the publicity including the pool, of the pressure you make and also of the risk you want to take. Unfortunately it is impossible to guarantee results when court proceedings are involved, but this is a risk everyone who goes to court has to accept.
The advise would be to start making pressure legally (and there are ways to do this without going to court) and then after chasing them for some time it would be up to you to decide whether you want to go to court or not. I know after getting legal assistance somewhere else you are probably tired of listening to so many people, but in the end of the day you will not get your money back without doing anything.
In the event you want to contact us please contact use info@fairwaylawyers.com
Good luck
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Hi everyone I have still not received my contract back from the solicitor in Alicante yet if you are going to use a solicitor in Alicante do not use one (which sounds like a bathroom fittting) in their name. They have had my paperwork for 15 months now & I cancelled their services after one week of sending them my contracts. they said they would return the paperwork straight away. I keep contacting them but receive no reply. I had two men who said they were from the notary in Torre Pacheco come to my friends house where I am staying in August , they gave me a escritura I did not have to sign for it or anything, I could not understand it they just gave it to me and left. I have had someone look at it & it basically says that one of the apartments that I paid a deposit for is now theirs to sell. The other apartment which should have been overlooking the pool was not installed, is a mystery I have not heard anything and kept contacting them. Maybe they cannot get the notary to take this one from me as the property was not built where it should have been and the pool was not installed.
I have just read on the simplynetworking.es site this morning Polaris World petitioned for a period of negotiation for several of its companies, with their creditors to which they are entitled to under Article 5.3 of the insolvency act, the same route that other development giants with liquidity issues such as Nozar and Proinsa followed.
The petition went to Commercial Court Number 2 in Murcia, and news of the action was only released this afternoon.
This does not sound very good at all, it does not surprise me as the way I have been treated by this company having lost all I own to them meant nothing to them. -
We are reading that PW have resolved their finances- Villacashback is one site that holds that info. Other companies are reporting debts have been cleared- we wait for official PW confirmation though.
However it appears they have so many holdings to transfer that its likely they will be able to slim the company by redistribution and thereby escape insolvency this time- we will see. It may not be a bad thing if they go to the wall. The resort as it stands is virtually autonomous and at least we may get more of the shop units taken by local companies.
In relation to what Lyn says- I’m not sure which Jardin you were buying in but in Jardines de Alhama and Naranjos de Alhama all the apartments have been built and completed a year ago. No changes to the layout, number and design of the apartments occurred from the plans. However in Jardin 5 and Jardin 12 Jardines de Alhama only one pool was put in each instead of two. PW said this was in an effort to improve their ‘green’ rating and part of their continued consultation with Local Govt, they also continue to use the ‘off plan’ excuse that modifications can be made to designs. Truly ‘buyer beware’ but the design plan you sign also states this.
The only properties not built have been Mirador de Alhama and the Golf Suites- they were not even started, not a brick, but that wasnt where you were buying. Lyn- I’d suggest you continue trying to contact PW Customer Services because it doesnt sound like you have been given accurate or even clear information. People often report that PW customer relations leave a lot to be desired. The only things that were not installed were those pools- I think your translater has misled you when reading the document.
I imagine you have a property number for each apartment you were buying and its likely that you can even identify these properties. MurciaGolfProperties (or similar title) seem to be PW’s/Spanish Banks company selling unsold or failed contract properties- you can at least find views of each Jardin on those sorts of sites and clearly see that they have not missed out any apartments, infact these were built before it came to light they were not putting in the two pools in those Jardins- and at one time you were planning to sign completion for them so they had to exist and you had a property number. Unfortunately there are still several pool view apartments available across all the Jardines that might have suited you if only Polaris had kept you more informed at the time.
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