Out of pocket expenses for President

Has anyone being contacted by their solicitors about possible claiming some form of compensation for the delay by Arenal on phase 4?

Hi,

 

i have received info from my lawyer about the delay and discussed the possibility of compensation.  I have not yet discussed figures, only broached the subject.

 

Matt

Is there a way of pulling out of these contracts if the apartments are later than say three months.I thought there was a get out clause if they where late.

Not sure if I am correct .Maybe someone has more information.

If the developer is late you can claim your deposit +10%,  minus legal costs.  Or pursue compensation and go ahead with the purchase.

How late does the developer have to be before you can pull out.There must be a time scale.We are in Block 5 phase 4.

Believe this should have been Dec 2006 .So far I have heard no more .

If your original quoted date in your contract has lapsed,  you can inform your Lawyer of your request to pull out.

From what I have heard you have to allow 3 months from your completion date before you can ask to pull out of contract or ask for compensation .This is due to a clause majeure in the contract

Has anyone managed to get compensation for the late delivery of Phase 4.

 

 

I asked my solicitor about this last week but as my apartment was finished when we viewed first week of dec06 the hold up is with the town hall not issueing the licence and not the developers so it would be a problem to claim and the three months  grace is not untill end of march 07 if we havent signed by then i will be looking for compersation

i have jusy returned from benalmadena and was told that compensation can be applied for as the delay IS NOT THE TOWNHALL , the delay is the fact  that caja sur bank have now got the controlling stake in the develpoment . they have now paid of  all the arenal 2000  builders the last of which finished on the 27th of feb, when we left there wre absolutely no builders on site except for 2 security guards , all the staff in the sales office have been told that they are no longer required after the 31st of march.  

This is true, the bank are going to put their own builders on site. As I am aware they are keeping a select few of the original Arenal Staff on.  I have also spoken to my solicitor who stated that there is no grounds for compensation as the delay is out of their contol but you can request your deposit back  (bank gaurantee) for a fee!!!!!.  I have alsao been informed that block 4, phase 4 will not be ready till may/june 07 and the club house etc will be finished when the complex is finished. I am frustrated as I want to get the apartment up and running for high season and I am aware that I will be running around like a headless chicken in a short space of time.  Any further info would be appreciated

All,

 

Our lawyer (Lawyers of Spain) informed us that the building was completed on time and the delay is the town hall, therefore no compensation would be paid out. Does anyone know the reason for the delay by the town hall? If I was a betting man, my guess would be Arenal have not ticked all the boxes to get a completion certificate before pulling the builders from the site.

My contract appears to give the date of completion as 31 December 06. Regardless of blame for the delay I still do not have pocession of the apartment and the only certainty in all this is it is not our fault.

nobody has applied to the town hall for licenses as i have been inside phase4 block3 and it is definately not finished , there is still painting to be done and the building is not connected up to the power supply hence a a big thick temporary cable running right through the middle of block3

Lies, damn lies and statistics,

sorry the saying should be;

lies, damn lies and Arenal.

We are flying over this week and will be looking for answers.
I have no intention of signing with the notary as there are so many half truths flying around.

Does anyone have any concrete proof as to what is going on?

Hi Toryboy69,You'll be in the best position to find out what is going on out there as we're all getting different stories from our agents/arenal  about phase 4.Did your solicitor ask you to sign while out there this week ?

Cheers,

Dave

 

Neutral

I have sent you a pm

Toryboy

Hi Toryboy69

Would most appreciate an update when you get back on completion dates. There seems to be no definitive story at all - everyone says different.  Am I wrong or was Gomez Sanchez of Arenal 2000 mixed up in the Marbella scandal and that is where it has all gone pear-shaped, with the bank taking over.?  

Any news welcome.

Many thanks

Has anyone got the full picture to see if there is a trend here.

ie,  What is the completion date estimated for Phase 4 for each of the Blocks.

BABE maybe talking about a Block that is complete but not passed by the Town Hall, whereas ROBGOLF maybe talking about a different Block altogether.

Certainly,  my Lawyer has asked me if I want to pursue compensation or money refund.  My date for Ph4 Block 7 was 31/12/2006.

 

This message was last edited by Matt Davidson on 3/11/2007.

Hi Matt,

We're in the same boat as you ground floor block 7 our solicitor asked us the same question grant extension get money back or look for some form of compensation.On another site it says Gerens the company that has taken over the building works on phase 4 etc will be in touch shortly about how phase 4 will be completed.So hopefully there is light at the end of the tunnel.We granted an extension for 8 months.Did you purchase through MRI by any chance?

Cheers,

Dave.

Dave,

 

We did buy through MRI but have not been kept upto date with them.  Our Lawyer however has made the contact and passed on the info regarding compensation.