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.