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09 Sep 2008 12:00 AM by MikeN12 Star rating in London. 3 forum posts Send private message

If anyone is thinking of getting their money back, I suggest they contact me privately to hear of my experience,

Beware of throwing good money after bad


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10 Sep 2008 5:42 PM by rollason Star rating in Kenilworth. 8 forum posts Send private message

Hi Mike,

I would echo your caution on being able to get money back in this kind of situation in Spain. Also, following one of the recent posts on the site mentioning that the developer was bankrupt I thought I would check out the legal position so asked my lawyer to do some official legwork. She has accessed the online Company Registry for a report about the state of the two companies related to the construction of the property (LOS PINARES DE MIJAS S.L. and GRUPO EMPRESARIAL VERA S.L.).
The reports confirm that both companies are in perfect condition from a legal point of view and do not have any type of anomaly, such as petitions or creditor activities etc. Depending on how pessimistic one may be overall, that could be considered good news.

Turning to your other point about recovery of funds, my lawyer has offered the following summary of the position which might correlate with your experience?

The Private Contract establishes that the completion will be in the third quarter of 2008 (that's for our apartment up in Block 6). In other words, according to the contract, the end of September will be the deadline for the completion and after that time it would be possible to request the resolution of the contract.

 

From a practical point of view, I can offer you the following information:

 

a)     First of all, we would have to request the developers for the resolution of your contract. I can assure you that no developers are responding to the requests made by the buyers. The reason is because despite their financial situation is good they do not want to refund net money to a buyer.

 

b)     Taking into account the situation above mentioned, we would have to take legal actions to resolve the contract. This means that you would have to spend more money in a legal proceeding. This is very expensive based on the fact that this is an uncertain proceeding since the final decision is taken by a judge (sometimes he agrees that we are right and sometimes not). For all the above information and as you have been waiting some time for the completion of this property, my advice is for you to wait until the properties’ handing over since we are closer to the end.

I asked a couple of other questions as I noticed that some posts had mentioned early payment penalties and I was also concerned to get some kind of hold over our ability to get the developer to complete the landscaping (this has been a long running saga at our friend's place in the first phase of the development)

Here's what my lawyer said:

With respect to the possibility of retaining part of the price on completion, this is not possible as the developers would not sign the title deeds. (There goes my cunning landscaping protection plan!)

 

Regarding the penalty for the delay, the developers never compensate in Spain for this reason as the contracts include a clause stating that in case of force majeure, strikes, delays in licences etc. they will not be responsible. This clause is quite general and allows them to avoid compensations in case of delays. (There wouls appear to also go any prospect of getting a few bob off the price!)

Finally a quick update on the saga at the roundabout!

My lawyer also spoke with the developers yesterday. They have informed her that the external works are being finished and they hope they can apply for the First Inhabitant Licence. Once they have applied for it, it will then depend on the Town Hall when it will be issued. This is a bureaucratic proceeding that must be fulfilled. This it the reason why a completion date can not be established since it does not depend on the developers.

 

In other words, once the works have been finished, the developers apply for the First Inhabitant Licence; a technician of the town hall goes to the development and checks that everything has been built according to the initial project. If this is the case, the First Inhabitant Licence is issued.


Hope this adds some value to others' deliberations. Happy to communicate more either open or private.

Kind regards

Simon





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06 Oct 2008 2:00 PM by anil Star rating. 5 forum posts Send private message

Hi Everyone

There are extraordinary events happening in the financial markets all over the world. We all know that the mortgage market has dried up due to credit crunch and a freeze in Banking activities. They themselves are not borrowing among them and the Govt. is trying to pump in money to make the wheels move. I do not see any quick turn around in the mortgage market within two months to see any  substantial benefits for borrowers.The developer had already hiked up the price way back in 2005 when it was booming and so he is sitting comfortably on a shortfall cushion and not worried about a fall in property price. I suppose the Spanish economy is already in a recesssion with falling property prices, air fares going up, and tourism drying up; not only in one country but throughout Europe, jobs will be next to go. Some might say that the tourists will get a bargain holiday with falling rentals but at whose cost? If one is investing for a buy to let, than he is offering a  cheap holiday rental to a tourist at his own cost.

It is my "guess" that 70% of people will be taking the mortgage route. With the current situation in the mortgage market in mind, if 20% are successful than it leaves 50% of people without a mortgage. Does anyone have a clue how the developer is going to react to this extraordinary situation? For people who are moving there permanently not only they will have to fork out the full 100% of their savings(if they fail to acquire a mortgage) but also risk facing unemployment for a long time. I understand that it is nearly impossible to get your full money back from a developer in Spain, but isn't this an extra ordinary situation that needs an extraprdinary solution for people who might be trapped in this situation for no fault of their own? Would not the Spanish Legal system judge their dicision in light of these extraordinary events? 

Jani


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05 Mar 2012 3:15 PM by caraturner28 Star rating. 11 forum posts Send private message

Thanks for sharing this information




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