Phil – there are three main off-plan developments on/near Santa Maria Golf course that are ‘experiencing difficulties’: Green Hill, Los Lagos and Santa Maria Village.
Each one has it’s own individual scenario of problems/purchaser situations, so as Claire asks, you need to state which development you are you involved in for anyone to reply to you.
Phil – there are three main off-plan developments on/near Santa Maria Golf course that are ‘experiencing difficulties’: Green Hill, Los Lagos and Santa Maria Village.
Each one has it’s own individual scenario of problems/purchaser situations, so as Claire asks, you need to state which development you are you involved in for anyone to reply to you.
Thanks for your replies it is the Los Lagos Development at Santa Maria can you give me any details on this project and what success other people are having with regards to the cancellation of contracts.
Thanks for your replies it is the Los Lagos Development at Santa Maria can you give me any details on this project and what success other people are having with regards to the cancellation of contracts.
Phil – there was recently a thread re. latest news on this development – suggest you have a read.
It mainly concerns an announcement by Marbella Town Hall, issued on August 16th this year, re. refusing to grant (at the moment) a Licence of First Occupation (despite what the developer may say).
The million dollar question is: Do you have a valid Bank Guarantee?
Phil – there was recently a thread re. latest news on this development – suggest you have a read.
It mainly concerns an announcement by Marbella Town Hall, issued on August 16th this year, re. refusing to grant (at the moment) a Licence of First Occupation (despite what the developer may say).
The million dollar question is: Do you have a valid Bank Guarantee?
Thanks for your reply. I bought off plan but from an investor ie resale therefore my contract is not with the developer. Furthermore it appears my investor was also my original solicitor acting for me in my purchase. This was not known to me oroginally.
However, I am now being asked to complete without the LFO on the basis that the Certificate of End of the Building has been issued to the town hall. If there is no reply from the town hall after 3 months it is considered approved on the grounds of Administrive Silence.
They state that the judge in Marbella has rejected cliams made by owners that the Habitation Licences that have not been issued are not grounds for breach of contract by the developer.
As the development has contracts issued to supply water and electricity the developer can cliam for payment now in full and deliver the property by granting a Public Purchase Deed?
If i therefore do not complete it will be myself in breach of contract , and they would sell on the prperty.
Thanks for your reply. I bought off plan but from an investor ie resale therefore my contract is not with the developer. Furthermore it appears my investor was also my original solicitor acting for me in my purchase. This was not known to me oroginally.
However, I am now being asked to complete without the LFO on the basis that the Certificate of End of the Building has been issued to the town hall. If there is no reply from the town hall after 3 months it is considered approved on the grounds of Administrive Silence.
They state that the judge in Marbella has rejected cliams made by owners that the Habitation Licences that have not been issued are not grounds for breach of contract by the developer.
As the development has contracts issued to supply water and electricity the developer can cliam for payment now in full and deliver the property by granting a Public Purchase Deed?
If i therefore do not complete it will be myself in breach of contract , and they would sell on the prperty.
I have a friend who is waiting for Los Lagos to get its LFO, his solicitor is advising him not to complete until it’s in place, and his solicitor says it is not. My friend has been asked to complete but has refused and there the pressure has stopped, it is also my understanding that while water is now on, electricity is still on builders supply. So the advice you will find here and from me is don’t complete without an LFO on this development.
There has been much said about this development on this board and here is my personal view of the situation. First you should know that while many of the development around los Lagos have been there for quite awhile (up to 10 years) ALL of them currently still do not have a LFO. That is they do not have a piece of paper you could frame and stick on the wall. All have them via Administrative Silence, they include Los Patios, Los Jardines, Las Terrazas and others.
Los Lagos like the others will eventually get one I’m sure, how long we will have to wait is another matter. I have no idea whether the BG passes over in the sort of deal you have, but clearly it is important if the promoter places the small holding company which fronts los Lagos into receivership, as I asume without a BG you will lose your deposit if you have not completed. There are legal people on here who may help further on this.
You don’t say why you want out of the deal, is it down to the lack of LFO?
I have a friend who is waiting for Los Lagos to get its LFO, his solicitor is advising him not to complete until it’s in place, and his solicitor says it is not. My friend has been asked to complete but has refused and there the pressure has stopped, it is also my understanding that while water is now on, electricity is still on builders supply. So the advice you will find here and from me is don’t complete without an LFO on this development.
There has been much said about this development on this board and here is my personal view of the situation. First you should know that while many of the development around los Lagos have been there for quite awhile (up to 10 years) ALL of them currently still do not have a LFO. That is they do not have a piece of paper you could frame and stick on the wall. All have them via Administrative Silence, they include Los Patios, Los Jardines, Las Terrazas and others.
Los Lagos like the others will eventually get one I’m sure, how long we will have to wait is another matter. I have no idea whether the BG passes over in the sort of deal you have, but clearly it is important if the promoter places the small holding company which fronts los Lagos into receivership, as I asume without a BG you will lose your deposit if you have not completed. There are legal people on here who may help further on this.
You don’t say why you want out of the deal, is it down to the lack of LFO?
it’s more or less irrelevant if she bought from someone else because before the developer she is the one that now appears in the private contract and she is entitled to those BGs providing the LFO hasn’t been issued yet.
it’s more or less irrelevant if she bought from someone else because before the developer she is the one that now appears in the private contract and she is entitled to those BGs providing the LFO hasn’t been issued yet.
Thanks for your message, we want out of the contract due to the time period, which we have been trying to progress for over 12 months now with no luck so far. Our contract had a completion date of Dec 04 so consider the seller to be in breach of his contract not us. We continue to refuse to complete.
Thanks for your message, we want out of the contract due to the time period, which we have been trying to progress for over 12 months now with no luck so far. Our contract had a completion date of Dec 04 so consider the seller to be in breach of his contract not us. We continue to refuse to complete.
Assuming you mean December 2006, you may find that the promoter will do all he can to resist you canceling the contract at this stage arguing that a short delay is reasonable.
That’s the feeling i got when i spoke to the company dealing with Los Lagos and clearly they are pushing hard to get an LFO ASAP.
Assuming you mean December 2006, you may find that the promoter will do all he can to resist you canceling the contract at this stage arguing that a short delay is reasonable.
That’s the feeling i got when i spoke to the company dealing with Los Lagos and clearly they are pushing hard to get an LFO ASAP.
This website uses cookies to improve your experience. If you continue to use the website you agree to our use of cookies. You can find out more here. Accept
Cookies
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.