Hi there...I´m new here :-)

Caprice

I think that at the time, going ahead with the development before  final permission was granted, was  'accepted practice'. This has happened all over Spain, but now the ' property boom ' time is over.  This pracitce  has resulted in many properties being illegal. I would rather have no property, than an illegal building. We have had a lucky escape in one respect but the biggest problem is getting our money refunded. 

Some people have suggested that ACC was a scam, building a few show houses, knowing that the development was never going to happen. Whether this is true or not, Huma should refund its clients and allow them to move on. There are those who have chosen to transfer to OCC. It is a matter of choice. For us , we would say  -- never again.

We are certainly not alone in our predicament, if you want further information there are a number of websites full of discussion about  other problem developments. You will find that it is going to take many years for the Spanish courts to deal with all of these cases. Some people report that even the lawyers and judges engage in corrupt practice. 

I wonder if Spain will ever recover from the damage to it's reputation and will the vast amount of empty properties ever be lived in.

It will be interesting to see if other countries experiencing their 'property boom' suffer the same fate.

In all cases where there's no BG, our advice is to sue Huma as soon as posible.

They have plenty of sues going on, and this is creating higher expenses.

I'd try to reach to execution before the money pot is empty.

  Will Spain ever recover ?  Very good question ! 
It will yes. When the planning mess is finally sorted out , developments that should not have been built (in the Spanish opinion) are  flattened, and all the unsold builds are made LEGAL, then maybe there could be a slow recoverery. 
People will always want and will buy a bargain property. Then the market will recover and start all over again.
Time scale however, who knows.......5 - 10 years ! You guess......
As for me , I care not and even less about what happens over there. ''They'' are paying the ultimate price right now for shoddy incompetence and corruption.........

Regards Huma,
Sue their Ar***   off, for every god dam € + they owe you.............

''They'' are paying the ultimate price right now for shoddy incompetence and corruption.........

Who's paying?

I have zero nada zilch in the way of BGs

So that'll be me and others like me paying the ultimate price....

Court case in progress...

it wasn't really illegal at the time by the look of it, but was promoted with the best knowledge that it would go-ahead. What I need to know is why if all the paperwork wasn't in place (not really the agents fault?), why the solicitors released money to the builder???? I guess it was best judgment / faith it was going to happen, so far as all could see and tell? Anyone any more thoughts or answers please? I am just trying to make sure it wasn't a scam/fraud, it was really meant to happen.

Who are you apologising for, Caprice?

it wasn't really illegal - it was totally illegal - No planning permission, no bank guarantees, no building completed in the specified timescalesss.

paperwork wasn't in place (not really the agents fault?) - who else was going to check on our behalves?

why the solicitors released money to the builder? - why indeed? - My solicitor did not release the money, I did (following advice from the solicitor).  All done over the net.

It may not have been a scam where the original intention was to defraud.  However, once it became clear that the planning permission was not approved, surely the company has a moral obligation to return the funds they received in good faith?  To continue taking orders, deposits and installments and to retain deposits paid in good faith once it was known the planning permission was in dispute, that may well be regarded as a scam by some and sharp practice at best by most.

SO who are you representing Caprice?

ILMSH

I agree with you. We are all paying for this fiasco.......me included.

My note really referred to the Spanish as ''They'' -  and the defunct crashing property market they have. Partially bought on by their own inept systems of planning rules, no legislation , corruption, demolitions, etc  etc...Buyers all running scared..

Agree, when it became known that planning permission was unlikely Huma should have stopped taking payments, and refunded money immediately to its clients. Our first solicitor  told us that he advised Huma and the agents not to take deposits form any more customers when the first signs of planning problems came to light.

 However, they were probably already well into negotiating their next development at OCC and I for one would like to know is our money really is in a separate account at the bank or is it invested in Humas next project.  

Making general from particular is always unfair. And I don't want to be in the same bag as these negligent solicitors you mention. I must say that there's plenty of Law Firms advising the clients NOT to buy in ACC.
The problems it's been the INDEPENDENCE of the solicitors. I must agree that there's been some kind a "gang" in these matters, as some agents, promoters and solicitors where very well related amongst them. Those agents advised some certain developments (they had higher comissions), regardless their legal situation. And some Firms had a large amount of clients sent by the developers or the agents, so, how would they "kill the golden eggs' hen" by saying the clients the investment was not really safe???? They would lose a lot of money to earn. So, they played to look somewhere else (our Firm lost a lot of possible clients sent by agents or developers just for being serious and professional for OUR REAL CLIENT, who was the buyer... you can imagine the agent or the developer sending the clients was not very happy when we just pointed the buyers some problems to be careful with).
Though we have some foreign clients we advise when the decide to buy in Spain, we are not really into the "bulk" conveyacing business (because of this we've not made the lots of money with the real estate boom other Firms have).
When we were firstly required for advise regarding to ACC, after investigating the legal situation of the complex (the lands where they wanted to build were non-urban lands, and that was more than enough) we recomended NOT to buy ACC, and neither of our clients interested did). Now, we are helping people (advised previously by other solicitors) to withdraw contracts and get the money back.
And, as our Firm, there's been other Firms advising not to buy ACC. Not all solicitors have been negligent. There's serious ones.
But That's why it's very important, from my point of view, to be advised by INDEPENDENT solicitors.

Hi Caprice

It's been some time since I looked at this forum so apologies for the late reply!

OMG, I was really angry when I posted those comments!

I too am representing my family and if I ever see my money again, I will not buy off plan anywhere in Spain.  Key ready properties will also undergo thorough checks before I part with my money and I will insist on holding payment back until all checks are completed to my satisfaction!  At this rate the kids will be grown up before I get anything!

20 20 hindsight tells me that the development was given the nod so to speak by the local town hall and development started as was the norm throughout Spain.

All of a sudden, the Marbella property scandal involving the mayor broke and property developments were under the microscope.  Due process was started and the Junta stopped the ACC development.

What has never been explained to me is why I never received the bank guarantees that were clearly included in the contract I signed.  I bought in April 2005, well before their troubles started.

I'll keep you posted...