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Spanish Property Developers in Crisis

Many British people have bought properties from Spanish developers who are now suffering as a result of the financial crisis.

This blog will provide updates on the current situation and useful information about the problems British buyers are facing in respect to their Spanish properties.

Issuing legal proceedings in Spain? Set out below is a summary of the litigation process
Monday, April 19, 2010

 

If you issue legal proceedings against a property developer a lawyer has to prepare your claim and submit it to the Court of First Instance using a Procurator. A Procurator is a court agent who receives and sends court documents to the parties involved in litigation. They are instructed by your lawyer on your behalf and usually work in offices close to the courts.
 
Normally legal proceedings are issued where the properties are located or where the defendant is based. The defendant is the person or company being sued. Once the court has admitted the claim, it will be served on the defendant who will have 20 working days to prepare a defence to the claim and to prepare a counterclaim, if applicable.
 
A counterclaim is likely if for example the developer disputes the breach and termination of the contract, in which case they would submit their defence and a counterclaim against you to complete the purchase of the property by paying the balance due.
 
Once the defendant has submitted their defence and or counterclaim and this has been served on your lawyer, then your lawyer will have 20 working days to prepare a defence to the counterclaim. Once the response to the counterclaim has been submitted to the court and served on the defendant, the Judge will set a date for an initial hearing.
 
The purpose of the initial hearing is to see if the parties have reached an out of court settlement, to resolve procedural arguments and to propose evidence and witnesses for the trial. It is not necessary for clients to attend the preliminary hearings.
 
Once a date for the trial has been set by the Judge then the parties to the matter and all witnesses will be requested to attend the trial. The legal process in Spain, unlike the UK, is more inquisitorial with the Judge controlling the matter and the time frames. In the UK the parties can have more of an influence on these.
 
After the trial the Judge will prepare his sentence and issue this several weeks following the trial. Once the sentence is served on the parties, they will have 5 working days to notify the court of their intention to appeal or not against the sentence. After which the appeal will be prepared and submitted to the Court. The Judge will automatically refer this to a higher court to decide on the appeal. Normally no additional evidence can be added to the appeal as usually the appeal is based on points of law. If the appeal is rejected then a further appeal can be made to the Supreme Court of Spain based in Madrid, but this depends on the amounts involved in the claim.
 
The speed of legal proceedings very much depends on the workload of the courts and the competency of the people working in the court.
 


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Worried Spanish home buyers begin legal battle over property firm collapse fears
Thursday, April 15, 2010

TEN British home buyers who fear they could lose their life-savings if a developer becomes the latest Spanish property firm to go bust have launched a legal battle to get their money back. Though Irwin Mitchell is so far representing 10 owners who have agreed to purchase 13 properties, we believe that there are more than 100 affected owners in the UK.

The group, who have each paid deposits of up to 200,000 euros to buy properties as holiday homes or for relocation in south eastern Spain off plan, are among up to 100 people who now fear they may lose the lot and have accused the property firm concerned of misleading them over leisure facilities, which have never been built.

The buyers met with Spanish legal experts from Irwin Mitchell recently at an emergency meeting in Birmingham and have now begun legal action alleging breach of contract amid fears that they may lose their dream homes on the Corvera Golf and Country Club and their deposits.

Many used their life savings as deposits for homes costing between 190,000 and 550,000 euros after being promised top quality properties on the development near Murcia, which should also have included a five star hotel, in-door swimming pool, spa, medical centre, equestrian centre, leisure facilities and tennis courts, as well as a commercial centre with bars, restaurant and shops.

However, the group claim that none of the five star leisure facilities have been built, and that they are now being chased for final payment and face the threat of being sued under Spanish law by the developers Corvera Golf and Country Club, SL, despite being informed that building licences are not even in place for some facilities.

And to add to their concerns, they also fear that the failure to build the facilities on this and on a previous site, Roda Golf, is a sign that the developers have run out of money and may go bust, taking the group’s hard-earned money with them.

Solicitor Alex Radford, from Irwin Mitchell Abogados in Malaga – the Spanish arm of UK law firm Irwin Mitchell – said the issue was of increasing concern to a growing number of people who had committed hard-earned money in Corvera and who travelled to the emergency meeting in Birmingham from across the country.

Radford said: “This is obviously a very worrying time for all of these people. Buying a property in Spain is a big decision. These people have worked hard to earn the money to buy these homes and saved for a very long time. To pay out this money was a decision they would not have taken lightly.

“Having done that, quite rightly, they expect to receive what they have paid for. They have been promised five star facilities to go with their homes, and they have been very badly let down indeed. Clearly they have been misled by the developers, and we want to get justice for them.

”These people want their money back or all the facilities they were promised to be built – it really is as simple as that. We believe the developers are in a breach of contract because of the lack of facilities that they said they would build when they first sold homes to our clients and a large number of other people who have also invested hard-earned money in a deal the developers haven’t honoured.”

One of the buyers affected by the issue, John Thorpe, from Lincoln, said: “We’re all very worried but determined to fight this matter.”

“It was a huge decision to use years of savings to buy these homes. Now, we want to make sure that Corvera Golf and Country Club cannot come after us for any more money.

“None of us are particularly wealthy. Most of us just wanted to make a better life for ourselves. Imagine ploughing all your hard earned money built up over the years into a project that promised excellence by developers who seemed trustworthy. But then to be let down by a failure to offer that original package and its unlikely emergence in the future. And to top it all up, what about the fact that they can still chase you for the rest of the money and force you to complete. Seriously, how would you feel?”

“People do not want a reduction in price. No one trusts them anymore and the dream life they were selling is now a nightmare. We have been lied to and misled, and we want our money back and the contract cancelled so we can all walk away from this nightmare and live in peace.”
 



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Advice on incomplete facilities
Wednesday, April 14, 2010

Thanks for your comment. 

First of all it is important to look carefully at the marketing material and brochures which you relied on when you decided to purchase the property. The marketing material we have seen so far for Corvera and Roda is different although there are similarities. Corvera´s marketing material and brochures are much more specific in respect of the facilities to be offered on site. For example indoor pool, medical centre, equestrian centre, spa, gym, shops and restaurants. Whereas Roda´s material is more general such as the resort “is surrounded by leisure opportunities for the whole family. Shopping areas, restaurants and countless sports facilities are on hand in the local area”. You will appreciate the important differences.
 
We would suggest you have a careful look at your marketing material to see what was promised and if there is documentary evidence backing this up. If there is then you have various options as follows:
 
1)       Negotiate a discounted price with the developer because of the lack of the facilities and complete your purchase;
2)       Complete the purchase and then take action against the developer for lack of facilities;
3)       Sue the developer for breach of contract for the lack of facilities seeking a return of your deposit plus interest;
4)       Do nothing and risk the developer suing you either in Spain or your home country;
 
There is case law supporting the consumer’s case in the event of the lack of facilities. In addition there are also consumer´s rules stating that consumers have the right to oblige the developer to deliver the facilities offered as set out in brochures or marketing material even though the facilities are not included in the wording of the contract. In summary, the brochures and marketing material would form part of the contract.


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Irwin Mitchell Launches New Spanish Property Blog
Wednesday, April 14, 2010

This blog will provide information on purchases of Spanish property, developers in financial trouble and committing breaches of contract and general Spanish property advice.

We have decided to set up and manage this blog as a result of the growing demand from our clients and from prospective buyers to be kept up to date with the current situation in Spain regarding Spanish developers and some of their practices.

We want to hear from you regarding your experiences with Spanish developers whether good or bad and especially in the following circumstances:

1) Buyers who enter into contracts with a Spanish developer to purchase off plan properties and the developer then does not complete the facilities on the development that were promised;

2) Buyers who purchase properties but the developer fails to complete these;

3) Buyers who complete purchases of properties and then are considering suing or are suing Spanish developers for compensation for failing to complete the properties and development to the standard promised;

4) Buyers whose developer is in or is entering insolvency proceedings before the properties are completed.

Irwin Mitchell is currently acting for buyers in relation to the following developments:

1) CORVERA GOLF & COUNTRY CLUB S.L.
2) RODA GOLF & COUNTRY CLUB S.L.,
3) POLARIS
4) SAN JOSE
5) SAN ANTONIO
6) HUMA MEDITERRANEO

We will endeavour to respond to most points and issues raised and we will aim to facilitate discussion.

This blog aims to be impartial, objective and informative and is open to the general public, including Spanish developers. Apart from Users´ comments, we will also be seeking comments from Spanish developers in responses to Users´ comments.

This blog is not a substitute for specific legal advice. Any User affected by the comments of this blog is advised to speak to a lawyer.
 



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