November 7, 2009 at 10:10 am #55290
5 British buyers have been denied their claim for deposits and ordered to pay court costs. They claimed the return of £103,000 each but the Marbella court ordered them to complete or lose the money. 👿
This is Greenhills in Elviria and are still not legalised.
November 7, 2009 at 10:44 am #95014
Proving the judges in this court no.3 in Marbella are a complete load of blithering, inconsistent, corrupt idiots and should be SACKED. They always find for the developer of Green Hills.
Court orders developer of Santa Maria Green Hills to return stage payments
Buyers cannot be forced to complete on properties with an “uncertain future” rules court
The Provincial Court in Malaga has dealt a serious blow to developers trying to force buyers to complete on properties with planning irregularities, a common problem in Marbella. The ruling will give hope to many foreign property investors who are trapped in off-plan property purchases of illegal properties in the area.
The court found in favour of an appeal by would-be-buyers of an apartment on the Santa Maria Green Hills golf development in Elviria, Marbella, who refused to complete on their property when they discovered it had been illegally built.
In the sentence, reported in the local daily ‘Sur’, the counrt accepted that the planning irregularities at the development meant that the buyers could not be “forced to honour the (purchase) contract and occupy a home with an uncertain future.”
The lack of a licence of first occupation, not to mention the golf course originally promised by the developers, were further arguments used by the buyers’ lawyer, Carlos Cómitre, and accepted by the court.
As a result, the court ordered Marbella Vista Golf, the developers of the Santa Maria Green Hills golf development, to return all the stage payments of 98,803 Euros to their former clients and pay all their legal costs.
This decision overturns a judgement by a lower court in Marbella that found in favour of the developers, who argued that they were not responsible for planning irregularities in the municipality.
Excuse the enlarged, bold print – some may assume I’m angry. I am.
These idiots and the Spanish justice system are not only taking the mick, they are playing with people’s lives.
Let’s hope there’ll be an appeal heard in the Provincial Court in Malaga overturning this illegal ruling too.
November 7, 2009 at 11:00 am #95015
quite disgusting!! this wouldn’t happen in Somalia !! don’t ever end up in a Malaga court; anything could happen and does!!
November 7, 2009 at 11:04 am #95016
This case was heard in Marbella, not Malaga.
It’s the Provincial Court in Malaga that overturns the rubbish rulings made in the lower court in Marbella.
November 7, 2009 at 12:03 pm #95017
Blatant Spanish Corruption and Mark reckons Spain is sorting the property corruption out. No wonder it’s unsafe to buy in Spain still!!! 😡
November 7, 2009 at 12:36 pm #95018
The building licence for Green Hills was suspended in Autumn 2003 and was revoked in Spring 2004. This developer however continued building regardless and continued selling regardless. It’s called FRAUD.
Why should this court in Marbella ignore the ruling of the Provincial Court in Malaga?
It was ruled (rightly) in January that: Buyers cannot be forced to complete on properties with an “uncertain future”, ie they are not yet deemed legally habitable….no LFO plus a revoked building licence.
Not only is this Marbella Court forcing completion, which is illegal as per Spanish law, to add insult to injury these purchasers are told to pay the developer’s costs.
“Further complicating the situation, the new General Plan regularizes the situation of these homes whose legality is being investigated by the High Court of Justice of Andalusia (TSJA)”.
While this ‘investigation’ in ongoing by the TSJA, this ruling should not have been allowed.
We had to fight this lot in court to get our money back on the part they never built (they still appealed but lost). When we questioned how they obtained permission in the first place, before the licence was revoked on the basis it was not designated for this type of development, the director grinned and made a ‘backhander’ gesture saying this is how things were done. Admission of bribery.
Looks to me like they’re still at it, with certain judges in Marbella.
November 7, 2009 at 11:11 pm #95021
Marbella Court 3 is the Devils workplace. Corruption from the highest level. Why isn’t this Judge investigated from a higher level? These same verdicts always come from Court No. 3. I bet they have a very healthy bank balance.
Shame on Spain. 😈
November 8, 2009 at 11:44 am #95022
…this is unbelievable. I guess now that the EU have backed down on restricting funds to Spain, they see that as a green light to carry on doing just as they like. This stinks of collusion between developers and judges!
November 8, 2009 at 12:31 pm #95023
Mike – as this case is a ‘repeat performance’ of what happened in January as far as the Marbella court is concerned, let’s hope the Malaga court overrule this decision as they did then.
November 8, 2009 at 1:07 pm #95024
There are 4 comments below the above report. (Spanish aren’t really worried about Brits!) but…..
“Many of the Spanish Judiciary have common interests with the Promotors and Politicians…..this demonstrates that large parts of Spain have become italianised….the whole thing stinks like a rotten pie”
“These Judges should be investigated”
Also in the news yesterday, 4 Mijas policemen arrested for drug-trafficking, the 4th case involving policemen in Málaga province this month.
No suprise then that today there is a gloomy article regarding unemployment in Marbella which has queues round the building every day. 30% of hotels are closing until April and trade is down 30-40%. They just don’t connect it do they. They didn’t rate residential tourism. prefered instead to rip them off or make their properties illegal. Now they are feeling the effects of the British exodus!
November 8, 2009 at 1:35 pm #95025
…. They just don’t connect it do they. They didn’t rate residential tourism. prefered instead to rip them off or make their properties illegal. Now they are feeling the effects of the British exodus!
Very true Katy. And the ‘remedy’ ❓ Give free umbrellas to the British ❗
‘The Junta de Andalucía is spending two million € at the World Travel Market in London next week The Junta de Andalucía has announced what it says is an advertising campaign without precedent to attract more British tourists to the region. The region has a large presence at the World Travel Market which runs in London from Monday to Thursday next week, and a budget of some two million €.
There will be direct advertising in key locations such as airports, Waterloo, Paddington and Victoria Stations and in Leicester Square and a whole list of ‘working meetings’ designed to increase tourist numbers.
Regional Councillor for Tourism, Luciano Alonso, speaking in Málaga on Friday, said the British market was weak because of the loss in value of sterling, but it had to be a priority for Andalucía. He highlighted that part of the campaign was in the Daily Telegraph where there will be a special supplement on Andalucía. Other initiatives will target Liverpool, Manchester and Birmingham.
During the World Travel Market 15,000 umbrellas will be given away – each has the slogan ‘In sunny Andalucía you don’t need this’.’
November 8, 2009 at 1:40 pm #95026
There is one good use for these free umbrellas in Andalucia and that is to use them to obscure the coastal property mess they’ve created. 😆
November 9, 2009 at 12:14 am #95028
for an English version of the same story in Sur. Thanks for that info Katy.
Also see http://www.typicallyspanish.com/news/publish/article_23399.shtml for more about visiting journalists. Thanks for that info Suzanne.
Methinks its time to go back to writing to all MEPs to update them on the progress – or rather lack of it – since the failure of Margrete Auken’s latest attempt at obtaining sanctions against Spain. I haven’t really understood why her arguments were not allowed to be voted on when they were first time around. What changed?
Cages need to be rattled and noises made abroad right now. A proforma letter (email) which could be used individually and sent to all the UK MEPs in our own region would be useful. Copies of the proforma could then be sent to editors of newspapers.
No names were mentioned in the newspaper articles. Who are these judges? Can we name them?
Its past midnight and long past my bedtime. I’ll think on tomorrow…
November 9, 2009 at 12:16 pm #95032
November 9, 2009 at 12:40 pm #95033
Apologies…..amendment as follows:
Proving that not only the judges in Court 3 are a complete load of blithering, inconsistent, corrupt idiots, but it now seems a judge in Court 5 is as well.
November 9, 2009 at 12:51 pm #95034
If anyone reading this has a hearing coming up in either of these courts, I wonder if it would be worth trying to get them moved? Even if it prolongs the wait for a hearing, it may be worth it.
Also wondering if those involved in this case could also denounce the Judge.
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