TOTAL LACK OF INFORMATION

Hi,  I have over the past couple of weeks contacted Calidona, Corvera, MRI and their 'recommended' lawyers, I have asked the same questions over and over again with regard to the  building licences and the completion time. The answers from all of them l'm sure was a prepared 'script'. l'm becoming very concerned that REAL and CONFIRMABLE  information is being witheld. I also raised the point that building has begun before favourable environmental and architectural reports have been submitted, once again the response was a rather indifferent ' there's nothing to worry about'. All l have asked for is confirmable and transparent information, whether it be good or bad, but with the organisations involved it appears, to date that this is expecting way too much.  

Hi Steve

i am also concerned at the way in which we are all being treated, i am constantly on to my agent and lawyer, i have given up on contacting calidona.

the only time these people get in touch is when they have wanted payments, or reminders of payments, not  a decent photograph or udates of the development, it is discusting how we are being treated.

My worry is that this will be the norm, no telling how long phase 1 and 2 will be living on a building site before the rest of the development is completed, im begining to wish i had never heard about corvera, but to late now, i have tried to stay positive over the last two and half years but i am now feeling very depressed about the whole thing.

regards dave

Hi Steve and Dave, I totally understand your concern regarding lack of information being passed to us, however, I do not feel that worried about the Licence not being issued yet.  I've obviously no idea of what is going on in Calidonia's heads but, at the end of the day, if they do not get their Licence and they are ready to complete - you don't complete.  Until you are issued with a Licence of First Occupation, which as far as I am aware cannot be issued unless full and correct Licences are in place, then completion is out of the question.  In which case, if their full Licences have not been issued by this time, surely there is a serious problem and  the Bank Guarantee comes into play and you get a full refund + 6%.  Not an ideal situation I know, but this is why it is essential, especially in the current climate, that Bank Guarantees are kept up to date.  Anyway, I am sure that they are certain of obtaining this final Licence otherwise, surely, they would not have started construction.  I think it is more to do with not wanting to payout if build time goes over the 18 months.

Keep your chins up guys.

Anita.

Hi, nice to see l'm not alone. With regard to the completion date l have been informed, through a fully independent Spanish lawyer ( not even in the Murcia region, and not acting for anyone at Corvera ), that according to Spanish Law the 18 month completion period comes into force the day that the developer starts to dig the excavations for the foundations NOT when the building licence is issued, the 'late' date on the licence is more than likely a delaying tactic. Also an extention to the build time is NOT statutory in Spanish Law and unless you agree to it you can enforce the 18 month guarantee of completion and seek compensation. l have this week informed all relevant bodies that I am invoking my rights under Spanish Law and have given November 2007 as the date from which l am calculating the build period. To date l have recieved, you guessed it, NO replies!!!

Hi Steve, I asked my Solicitor the same question and she said the 18 month build time comes into force when the building permit has been issued because that is what is stated in my purchase contract, but the developer can commence works prior to it  being issued.  She is in Marbella and has no connections to the company we purchased through.   Perhaps there is someone out there who can shed some light on this.

 

This message was last edited by Anita on 4/12/2008.

This message was last edited by Anita on 4/12/2008.

You are correct the timing for the property build is based on the start of the foudations as they are part of the property infrastructure

The issue of the building licence is down to the constructor to manage and if somebody is making a claim they should claim against the builder, the agent who sold the property and claim under the bank guarntee that has to be issued by the builder

 

 

Thanks for that.  Does this still apply if it is stated in your Contract that the 18 months commences from the date the Permit is issued.  This is what my Solicitor means I think.

Anita.

You need to speak to a lawyer as there is alot of cases currently where the courts may rule that the terms of the contrcat were unreasonable and that the developer should not have taken deposits on properties where the oermit had not been approved

Again the measue is what is fair and reasonable and in a recent case in Almeria the Courts ruked that the developer had not acted in the interests of the buyers

 

Thanks very much for your help.  I am sure your answers will have helped other members of this forum.

Anita.

Hi Anita, What Roy is saying is correct in Spanish Law, it's just 'generally' accepted that the 18 month period starts when the licence is 'disclosed' as being given. lf you think of it the builder/developer could wait until the development has all but finished, come across some real problems, say that he has just recieved the licence thereby giving himself 18 months to sort things out without incurring any penalties or having to pay compensation. Do yourself a favour and invoke your LEGAL rights under Spanish Law, after all the developer has given very few reasons for us to  trust in what ever they say. Read the forum on this site for Roda, the lack of information and constant moving of the goal posts is still going on. Yes the properties are nice, but with all of the ongoing problems, and the possibility that Roda will still be a 'building site' for a number of years to come, should we have total trust in the developer, l don't know!!

 

Steve

Hi Roy, What you are saying about seeking our lawyers advice is spot on, unfortunately l like many others were naive and opted to use the 'recommeded' lawyers that we were introduced to by the selling agent, in my case MRI. Not only did l decide to use these lawyers but l also accepted what they said and paid my bill in full up front ( l can see you shaking your head at my stupidty right now ) as is the 'norm' in Spain. It would work out very expensive to change now, hence trying to apply pressure appears to be my best option. l suppose l like many others have no real choice but to stick it out and hope all will be ok in the end.

 

Steve

Hi Steve. Just to cheer you up even more. I have a property at Peraleja. This had a contract to be completed by December 2007. The building is 'sort of completed', but the area that my property is in is not complete. The property next door has at least another 6 months of build left, thus making my property unusable until possibly 2009! However, because the developer completed all their paperwork to say that the building was completed in December '07, then they have fulfilled their contractual obligations. It has no Certificate of Habitation and apparently this situation could carry on indefinately. So, in this case it all seems irrelevent when they say they will complete the building. As i have said before, Calidonia have been earning very nicely off the 1000 deposit payments that they have held in their bank for two years or more.!!

Stewart

Cheers Stewert, just off to to drink a very large scotch in celebration of the good news. As l wrote on an earlier posting, the Roda link on this website makes very interesting reading with regard to what the future holds for owners at Corvera. The Roda development is 2 years ahead of Corvera and some of the postings make very worrying reading!!!

 

Steve

Hi

  Would I be right in assuming that the certificate of habitation will not be issued unless all the correct licences are in place? Also that the final payment would not be paid unless the certificate of habitation has been issued?

Rosa from Calidona has said  in  a previous email something to the efect 'that all permisions have been granted from the council and that they are awaiting final signatures' , has anyone seen any concrete evidence of these 'permisions' from the council?  These statements should not just be left to trust, evidence to back them up should be given ( before being asked for). At any rate I would have thought that you either have the licence or you don't, and if you don't, do not build until you do!!

From what has been said it appears that the 18 month build time generally starts from the time the foundations have been laid,  but as Anita has said our specfic contract states that it begins after the building licence has been issued ( whenever this might be) , considering this 'conflict' has anyone had confirmation from a 'trusted' lawyer as to when our 18 month  build would begin? The way things are going it would not surprise me if the development is complete before we have the 'final signatures'.

Personally Calidona's poor communication and general lack of openess has always made me feel uneasy, after all why not be open about things if you have nothing to hide? the only other reason I can think of is incompetence, neither reason fills me full of confidence.  Although after that being said ,I suspect everything will work out in the end, but we still need to have everything confirmed every step of the way and leave nothing to trust, and if everything works out it still will not excuse the way Calidona's has gone  about things.

kev