01 May 2012 5:06 PM:

Can anyone advise regarding the LFO for Los Lagos de Santa Maria Golf properties in Elviria?

I viewed a nice apartment there and am doing some due dilligence before I make an offer.  But information is very hard to come by for this development.  I now see that postings here seem to have been removed, which raises questions!  The only reference I can find on the net dates back to 2008, where problems were highlighted including no LFO.

Can anyone shed any light please?

Community thread: LOS LAGOS COMMUNITY WEB SITE

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04 Jan 2010 3:18 PM:

Hi Mike,

If you are still undecided on whether to seek a refund, send me a PM and I can advise you my experience, including the legal minefield.  I recently received a full refund plus legal interest on a Phase 4 apartment.  However this involved taking legal action against Prienesur.  Dealing with Prienesur for the past 3 years was not a pleasant experience.

Patrick

Community thread: Pursuing a refund

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16 Jun 2008 12:47 PM:

Abbeydale,

You should get legal advice.  You will almost certainly get your money back (all of it).  For your information I won a Court Case against Interlaken/Mediterranean Luxury Homes, based on misselling.  I was also awarded full costs plus legal interest.  Interlaken missold and misrepresented this development.  For example, the apartments are much smaller than what the sales brochure said and what their sales reps said.  Secondly, they have not delivered many of the facilities and amenities promised. 

Because of the above, there is a breach of contract by the developer.  The developer can not force you to complete in these circumstances and he is legally obliged to refund your deposit plus interest.

Patrick

Community thread: Andalusian Cinemas - films in English

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10 Mar 2008 6:03 PM:

Hi Gerry11,

The development was due to be completed and handed over by 31 December, 2006.  This should be in your contract.  It is already over 14 months late.  This is a fundamental breach of contract by the developer.  As far as the developer is concerned, the contract is void and he cannot ask you to complete if you don't want to.  But you can take legal action against him for non-return of your deposit.  It is necessary for you to be proactive and ask for your money back (plus legal interest), and commence legal proceedings against him when he refuses.  If you have a bank guarantee this gives you further rights and options.  Your lawyer should be informing you about the various options open to you.

I have sent you a pm with other information.

Regards,

Patrick501

Community thread: break ins common on new`builds

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29 Feb 2008 10:11 PM:

Hi Gerry 11.  For past 18 months the developer has been tricking everyone into believing it will be ready in ''a couple of months.''  I think they've been doing this to try and discourage you from looking for your deposit back.  However I visited the site a month ago, and it is nearly ready.  They were putting in the access roads.  However the services still have to be connected, and then they must obtain the 1st Occupation Licence from the Town Hall.  They cannot force you to complete until this licence is granted.

Regarding your second question, the properties are not worth anything like the price you paid.  There is an enormous surplus of properties for sale on CDS at present.  At least one Agent refused to even list Mar y Golf properties because he has so many properties on his books!  Very little is being shifted at the moment.  Many agencies have shut down due to lack of sales.  If you wish to sell it quickly, you will have to drop the price very substantially from what you paid 3 or 4 years ago.

If you do not wish to proceed with the purchase you don't have to.  The developer is in breach of contract as the property was not completed on time.  You can ask your solicitor to get your deposit back.  The developer will refuse.  You then will need to start legal proceedings.  There are several people doing this at the moment.  If you pm me I can tell you the process.  Make sure your solicitor is competent.

Patrick 501

Community thread: break ins common on new`builds

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