BUILDERS HAVE WALKED! WHAT CAN WE DO?

hi all,

i am getting a bit confused, so here is what i think, PLEASE correct me if i am wrong and have misunderstood.

some people have completed, done the snagging, got their keys and signed, but have no hab cert, which means they are still waiting for water and elec? so they have been put into a hotel instead of on to builders supply. but legally they should be on builders supply?

without a hab cert, getting ins will be next to impossible?

so there is no one actually on site at the moment?

people have paid or are paying for a house they can not live in?

inspectahomes, seems to be in the know - far more than i am and their info is extremely helpful.

i find it very worrying that the builder is not letting this company do the snagging on this development but have allowed it on others, is ther something to hide?

the company obviously know what to look for, some of us may well do to - but if people have been waiting that long and get caught up in the excitement of moving in and getting the keys - will something important be missed.

i called a different agent and pretented to be interested in buying a property and said i had seen sierra golf on a different website, but i didnt really know much about it and was it reccomended, they said that they had put a hold on that site as some of the properties had a problem with their foundations. this scared the s*** out of me, they didnt know that i am family had properties on the site. by the looks of things this particular agent is now selling properties on sierra golf, but does this mean that there was no problem, or that it has been covered up?

is it not against the law to be in a property without the cert?

will the bank pay the mortgage without it?

I AM THE FIRST TO PUT MY HANDS UP, I AM A BIT CONFUSED WITH IT ALL AND DONT REALLY KNOW ABOUT HAB CERT, SPANISH LAW, BUYING ABROAD ETC - apart from what i have read on this site. STUPID, I KNOW THIS NOW. 

i do know that by law the builder is only allowed to go over completion by 3 months, but this doesnt seem to make an ounce of difference.

i have a lawyer - through the agents, which now, yes seems stupid, very stupid.

but this is all new to me as it probably is with alot of people, i have never bought abroad before.

i was told it was very simple,

find the property,

pay the deposit,

get your nie numbers and bank acc

then come out and snaggand sign.

everything would be done and arranged for you, and the lawyer was provided, who would look after the legal side of things.

TOO SIMPLE!

I have no idea on what our rights are, does anyone?

the houses are ready, have been for a while, someone on the site, said their rep had seen the hab certs at the town house, so whats the hold up.

i am really lost with the whole thing.

atlas - our agents, dont communicate, and when you call or email them you get told they are waiting to hear from the builder, can someone not chance this builder up? they dont tell you any info on your proerty, dont tell you anything bout the legal things, andcertainly have not told us about all the costs when signing.

without this site, i an others i would presume would still not know alot of things

sorry for the long post, but i would like to be clear on the whole thing, so when i do get a date - when i have no idea, i want to be clear on the whole process, and what rights i have.

got that off my chest now!

wish everyone luck with thier property and those who have completed, hope its not long till your in, those of you like me - still waiting - hope its not long till we get a date.

thanks for reading.

dee and scott

I will try to answer your questions and respond to your PM but we have been working in Spain in this area for almost 4 years, have inspected almost 2000 properties in Spain so understand the systems and there are a number of guides that I have written and are pùblished on this website

We also have some good contacts with the press, and Spanish consumer groups and independant lawyers and give any advice free of charge

Currently No Certificates have been issued for this development and no dates are yet agreed by The Town Hall for inspecting the site with the normal Spanish promise of things will be resolved in 2 weeks, and then 2 weeks, and then 2 weeks

This promoter, MASA already have a questionable reputation for customer service with other developments I sensed something was wrong weeks ago when my contact did some checking at the Town Hall for me on the Certificate of Habitation as part of our service, when some clinets asked me to snag their properties. 

My advice was, and has remained and published pon the forum is do not complete until the Certicates have been issued and the first connections have been made by the utility companys

MASA will not stop us inpecting properties but have advise my lawyer that this can only be done when the owner is present and not with us acting as a proxy and it is therefore not possible to check the property in davance of the customer visiting. By the way they are happy if you complete first and then snag the property

I understand that some people have completed, have done their snagging, some have now purchased generators so that they can use their properties by yes people are paying for properties that they cannot use and no real guarntee when they can use them with the builder acting ilegally by not providing services

You are correct no certficate no services and potebtial issues with insurance and you should not actually be renting or living in the properties. It is not ilegal to sell a property without a Certficate of Habitation

Some banks will give you a mortgage, normally the one that the builder or agent is promoting but Barclays and Halifax will not

It is not the law in Spain that, if a builder is 3 months late with delivery that you can demand a refund and it is totally dependant on the terms in the sales contract but if you faiil to meet the payment terms in the contract you can loose your deposits, and the builder will take action and win the case. If your lawyer has allowed you to sign a contract that does not specifiy an agreed completion date you should take to your lawyer, as you should never agree this.

Unfortunatley Atlas will have had most of their commission form the money that you have already apid and if you are not having lots of extras they will not be interested

The key thing when dealing with Spanish buiders and agents is to remain calm and polite at all times but make them aware that you know the law and ideally, if you don`t speak Spanish, take a translator along to the meeting

If I was an owner who had completed I would be demanding builders supply and, if they failed to agree, be calling the Guarda Civil to their offices so that they can expalin to them why they are braeking the civil law covering this

I would also ask then for a formal complaint form, which they have to make available by law, agian if they fail to provide this you can call the Police, one for every owner, and present these to the Town Hall, as they have the ability to fine the builder and stop them developing until all issues are resolved

If positive action is not taken now chances are that buyers will have same problems that were experienced by buyers on Camposol  and Santa Pola developments

If I was a buyer I would not complete without all paperwork being in place 

hi,

thanks, that does help.

can you send me a pm of your  services? it would be for 2 properties.

many thanks

dee and scott