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Hi everyone
after been in a disput with polaris over the past 12 months i stumbled across your forum and finally found people who are speaking my language , no punn intended. We purchased a property on Terrazas off plan in June 2006 we were fed the dream, the spec of the development was going to be fantasic and all this in just a few years. we spent the next 12 months paying the required deposits totaling 64,00 euros and heard nothing more until feb 09 when we were summoned to appear at the notary. we had not had any information from polaris regarding the progress of the development and need to see the property before anymore money exchanged. we arranged our mortgage out in spain and booked a two week holiday so that we could complete everything whist there. After arriving in Spain and collecting our NI no. we were taken for our snagging trip this is when our nightmare began, the development itself was no where near complete prob around 15% outside our balcony was the building site where all the equipment was stored including two fully extended cranes , mountains of cement and their mixers so you can imagine the state of the property,to cut a long story short we were not happy , back at head office we explained our disapointment and refused to complete they initially offered to move us but explained it would be on the same development leaving us no better off as far as renting potential, something that had been sold to us when leaving our deposits. Polaris say we are in breach of contract i have tried to speak to them to come to some kind of compromise but they have just passed me around or just not returned my calls. We are returning back in a few weeks and wondered if this sounded familier and had any advise before we return .
Regards ajj
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Dear Ajj:
It looks like it is time for you to have legal aid regarding your rights there. Publicity is pat of the contract in Spain since 1977.
You can read more about this here.
Best regards,
Maria
This message was last edited by mariadecastro on 22/07/2010.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Thank you Maria for your reply the article was a little complicated but I understood the overall points.
Can you tell me do you think this is our only line of action as we have already lost so much money the thought of gambling more through the legal system does worry me.
Many thanks Alison
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Alison:
That article was translated from Spanish to english by a Russian lady.... that´s why it maybe gets a bit difficult. I am revising it shortly... Any taker?
Best,
Maria
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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I have just been informed by my solicitor that I have lost my case against Polaris for the return of my monies. I took polaris longer than the 18 months stated in the contract to complete my property but the court ruled it reasonable. Seems to me that Polaris must have the judges in their pockets. Has anyone else lost their case or has anyone won? Regards Ian
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Havey,
Did the defence (Polaris) claim force majeure for the delay, and if so was this force majeure claim upheld by the judge?
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Was your property on Las Terrazas de la Torre ? polaris had a few wins in court the other week, and they was selling the properties off for just above the 40k last week/
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Yes it was on Terrazas. I haven't seen the paperwork from the court but my solicitor said that the courts are ruling in favour of Polaris because if tgey didn't it would be bad for the local economy. Corrupt in my mind I'm thinking of taking this to the European courts if that is possible
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we had something similar with the medina golf resort and got all our money back because we had some bank guarantee insurances
we used manzanares lawyers, in the end they were very good (i dont trust the spanish system ...an i also speak fluent spanish)
it can be done...but took us 4 years ....
good luck
ifty
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