Article from laverdad.es (spanish newspaper published early hours 24th May)
Customers Trampolín River Hills in Campos put the first complaints of fraud
The guarantees provided by the promoter for the money it has been delivered to account have no legal validity The complainants claim to be victims "of a hoax '
24.05.08 --
Ricardo Fernandez
The fear and concern extends to full speed among those who bought a house in Trampolín Hills Golf Resort Rio de Campos. The obvious difficulties it is encountering this development project, whose provisional approval is paralyzed for months by the inability of the municipal government team (PSO) to move ahead, have spread the suspicion that the resort houses and a field -2,800 Golf-might not ever be built, and in that position, are dozens and clients who are seeking to recover the money they handed over to the reserve account for a home. With the unpleasant surprise in many cases, according to The Truth has been found not only real estate company that is severely hampering them to reimburse the money, but also the vast majority of the guarantees provided by the promoter do not have any legal validity.
The law requires, since 1968, sponsoring undertaking any construction or amounts received on account of planned housing units, is required to substantiate these amounts through bank guarantee or insurance contract with an entity authorized to operate in Spain. In the case of Trampolín Hills Golf Resort, in some cases buyers have not received an endorsement and in other cases the guarantee up to the Swiss insurer finantial Corporation LTD, which is not authorized to act in Spain, or by signing Solera The Trampolín , Nor any validity would not be a bank or an insurer authorized by the Directorate General of Insurance.
"Some do not requested"
The lawyer Diego de Ramon, who represents the interests of Trampolín Hills, has acknowledged in conversation with The Truth that some buyers, mainly Spaniards, not-called collateral is the company which has to deliver so-bound, and that which were delivered correspond to the aforementioned Swiss finantial Corporation-invalid-and only a small portion (up to cover about six million) are backed by La Caixa, so that they themselves would be perfectly valid.
According acknowledged a few days ago the representative of Trampolín Hills Juan Francisco Canales, a significant percentage of the planned 2,800 homes are already sold, why the company has received some 50 million euros (about 8,300 million pesetas) in deliveries to account .
The main problem involved not having a valid guarantee is that if urbanization is not built, or whether buyers believed that the company has failed to meet the deadlines or has not respected the contract, they can not execute these guarantees and automatically retrieve your money, with 6% annual interest besides establishing the Law 57/1968.
It would then forced to act against the construction company and against their heritage and their owners to try to recover the investment.
If it is true, as the signature itself, which La Caixa endorses only about 6 million, the remaining 44 million would not be guaranteed according to law.
They feel cheated
Under these circumstances-with the project stalled for several months, with the company refusing to terminate contracts and return the money received on account and with few guarantees that mostly appear to be a dead letter, some buyers have already begun introducing the first by fraud allegations before the courts.
In these complaints-this newspaper is in possession of documents that are supportive evidence -, it is stated that those responsible for Trampolín Hills Golf Resort have breached a legal obligation to give guarantees valid, who refuse to return the money to account and who are considered "cheated".
In one of the complaints, filed by attorney Joaquin Guzman against Trampolín and its president, Antonio Martínez, explained that "the allegations, which operates across societies to evade personal responsibility, he used deception to get enough displacement heritage, and convinced that the complainants, who needed a home, to surrender amounts to the same account, making them believe they were legally guaranteed, despite record that the alleged guarantee that delivered lacked any value in getting this maneuver collect large quantities money. "
The complainants go beyond pointing out in his letter that "we have reason to suspect that the intention of the person accused is not doing the work and keep the amounts received. And added that "our alarm has been increased to check on various Internet forums that we are many buyers in good faith that we are experiencing what seems like a real estate scam."
End of judicial complaint stating that "denounced a plan carefully designed to achieve illegal goals, and offered some homes with an attractive value for money, and gave image solvency, taking advantage of the housing needs of those affected and good witness the same as in the first instance, had no reason to believe that they would become victims of a scam. "
Joaquin Guzman believes is time for 'buyers act united in defending their rights, both for the case that the works fail to do so or not completed within the agreed period, as to require termination of the contract or providing a guarantee adjusted to law ".
Resolutions of contract
This is the case of lawyer Jose Antonio Madrid, Valdes Albistur Attorneys office, confirming that takes months asking for guarantees with legal validity to the company, having received the silent response, and has initiated several cases of customers who have already applied for termination of the contract and the refund of money on account.
Madrid advanced that these customers have already pushed him to file a complaint through criminal, or a complaint, and that is expected to have read it and brought along the next week
This message was last edited by jackieinhove on 5/24/2008.