01 Apr 2008 12:44 PM:
Hi Coco, as your contract had the same clause as mine regarding the Sept 29th date the developer will have to refund your deposit. I don't know how many buyers have already been refunded, or how many have requested it, but I guess the developer must be worried about having to refund all this money. I don't know whether the building licence will ever be granted for Lorca Golf, so eventually everyone will be trying to get their money out.
I assume you bought through MRI? (Utterly useless company.) If you are using Martinez Eschevarria lawyers this is what I had to do:
send a fax confirming my wish to withdraw from the contract due to the building licence not being granted by 29 Sept '07. The fax had to include my signature, name and address and bank details for the money to be paid into (you don't need a spanish bank account) If there are joint purchasers you both have to sign. Their fax number is +34 968 409 086
send the same fax to Cornelius, but his fax number didn't work so I posted his!
Post the original bank guarantee (having taken a copy) to the lawyers, by recorded delivery so they have to sign for it.
Fernando from the law firm then met with Cornelius and exhanged the bank guarante for a cheque. He then paid the cheque into the firm's account and arranged an electronic transfer into my account her in England. Once Cornelius's directors agreed to the refund the process only took eight days. You shouldn't need to employ another lawyer - you have, after all, already paid upfront for Martinez Eschevarria to represent your interests. Cor did try to prsuade me to hang on, but once he realised that I wasn't going to take no for an answer it all happened quite quickly. Be firm, and keep emailing them! Let us know how you get on.
Best wishes,
Ann
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