Phase 4

Hi

Even though I have tried to revloutionise everyone I have balanced out the pro's and con's and I think I am going to give it thorough thought!!!

But my initial thought is that I would tend to agree with you Double J the only winners here are the lawyers !!

I just wante to join forces with a few of you guys, as I know that if we go in a group, our case will take a better stand, our legal costs will be reduced and we would be in it together.

I guess we will just have to hold our horses for now see what happens in the next few months.

I am sick and tired of this crap!!

GOOD LUCK TO ALL OF YOU !!!

Thanks for your input !!!

Regards

Marcus

Dear All

I was wondering if anyone else has instructed their lawyers (LoS or any others) to ask for the return of their deposits. Especially all those who had completion date of October-2008. 3 months period of garce expired on 31st January 2009.  I am not sure how and  who will bear the charges for this extra work by the lawyers. What excuse could the builders (Promaga) can use to keep the deposit or delay paying up. Any one with legal know how can enlighten me please? What if any thing else can I do to expediate this process? What if this drags on and on? Do we stand a better chance of taking the legal action through another Lawyer? If so how long could/should we wait and how does one go about finding a good lawyer who will have our interest at heart?

Thanks 

Is anybody out there.

Maybe you have all given up with promaga and now have purchased property on Mars.!!!!

or have we already done that one?

A update would be nice from anyone near to the development site.

Looking forward from hearing from someone.

Calvin

Hi Calvin,

I have not been there lately, but I was told that phase 2 is scheduled for May.

There was a slight problem on site as there was a small landslide on one of the blocks in phase 2 and that will delay the completion date, but we are already used to that Ha Ha Ha.................

When we all get our houses we will have to ordanise a big BBQ becuase it is taking for ever!!!!!!!!!!!!!!

Hi Barc07

Thanks for that.

Just wondering if there as been a landslide are ADH & Promaga now selling apartments as beach front.  And as the purchase price gone up as well because you never know with this lot.

BBQ seams a great idea.   Can not wait to burn some more pound notes to get it going.

(Only if I have any left) ha ha ha.!!!!

Joking a side, again thanks for that.

Calvin

Hi Calvin,

At least to end the week on a positive note the Pound vs Euro rate is slightly better (1.13) so cheer up!!!!!!!

Have a nice weekend I certainly will as I am off to a spa for Valentines!!!!!!!!!!!!!!

Am glad we are all seeing the funnier side of things.

Just passed by the complex today (Saturday) and I can confirm that the construction site is in full flow around phase 4: men working, trucks moving, I think I was also able to pin point my balcony!

Looks like it will get done within a reasonable amount of time from now. Let us see when the keys are issued.

Happy V Day!

Surely the occupancy licence would have to be issued by now?

Has anybody heard any more from their solicitor? Or even applied form their deposit back yet?

Regards

I think its pointless that we go on and on in this forum trying to find out what other people are doing.....

I have suggested on countless occasions that we all meet up and discuss the way forward.

REgards

I guess like me everyone is holding onto the hope that our legally drawn contracts from our lawyers - who charged us for the work and are still holding onto some of our funds for their final work to complete the contracts- will be used to settle whatever happens. Surely the legal binding contracts are what the courts will look into. If we do decide to join forces and take our joint case to a new lawyer who will undoubtly charge a percenatge or a combined total mounting to a large sum which again will be another contract we will have draw. It sounds whatever we decide to do it does not sound staright forward or without more wait and problems. The more I look into this the more I realise that we have have been taken for a ride to the cleaners. I dont really know what is the best solution or what the correct or most beneficial thing to do. Is there any body on our side or are we all lost?

Once again

Its pointless that we go on and on regarding the same.

I propose that we all meet next week? On satuarday In Gibraltar ?

I shall leave the Venue to you guys

Regards

Has anyone managed to view the website dedicated as Promaga Cowboys http://promagacowboys.com ?

I had a call from Gloria, of Promaga in La Linea the other day. I was not in. She left a message to call back but so far she has not. Now that its weekend I expect I shall not hear from her until Monday.  I was wondering if anyone else has had contact from Promaga yet or possibly know what it is all about? Have they started to complete individually in Phase-4?
 

Thanks.

Has anybody heard from Promaga? I got a phonecall from Gloria in their La Linea office today. She said she is head of sales for Promaga. She wanted to know if I want to arrange a mortgage for my 2 appartments in Phase 4. According to her the appartments will be ready within the next week or two.  

I also have had a phone call from Gloria.  

She told me the apartments  “are now all finished and are very beautiful, are of the highest quality, everybody has been working very hard to get the development finished and it will ready to move in the next 3-­ 4 weeks.

And promaga will be inviting me out in the next few weeks to look around.

The development is now complete accept for a few pavement slabs and curbs stones.”

“The architect’s license will be granted within 1-2 weeks,

Followed by the license of first occupation in 3 to 4 weeks time for the whole development”

.

“If I require a mortgage, this can be arrange through Banesto Bank and I should be able to get a 80% of the purchase price ……..all they need is my documentation sending over.

She will be phoning me next week with an update.”

Personally I can not see the properties being ready to move in to in the next 4 weeks. But I may be wrong?

They may be trying to keep us all quiet, and appease those of us who are thinking about getting our deposits back because some of you are fed up of waiting.

It would be very interesting to see what Banesto Bank values the properties at? Compared to what the other Banks will do.

I think the Lawyers Of Spain need to decide which side of the fence they are now on!!!!!

And start acting like lawyers instead of estate agents. They have not replied to any emails sent last week about the Bank guarantees.

Is anybody living near, or going to visit the site soon, if so I think this would be very helpful to get a truer overall picture of the development and where it is currently at.

My original contract stated that the apartment on phase 4 would be ready for occupation by 31st October 2008, but stipulated a 4 month extension to cover any build delay, this deadline passed on 28th February 2009.

I now wish to cancel the purchase and will be requesting refund of my deposit (my understanding is the developer has to return 50% of the deposit if I decide to withdraw from the purchase having breached their side of the contract).  My original lawyer it seems took my deposit, sent it to Promaga without securing a bank guarantee first.  In spite of repeated requests for this bank guarantee Promaga refused to supply this point blank.

I am not proceeding with this purchase at any cost and would like to know if anybody else feels the same way as me?  I too am with LOS who seem to be more interested in serving the developer than they are me, anyone else feel this sentiment?

I too have had a phone call saying the same as what was said to calvin, I am fed up with this and I want my money back, so can we all find the best way of doing this? The LOS seam more interested in having an easy life, when they really should be on our side, it is not acceptable for them to be on the side of the developers.

Has anyone else had an E-mail from the partner of LOS(parez or something) saying he left because of a difference of opinion and has set up on his own. He was asking if I would like to transfer to his practice as he still had all the authorities to act on our behalf as he was a 50% partner, just a thought. 

Hi. I was wondering if anybody has seen phase 4 recently. I haven't been to Spain since last summer. Gloria's call was unexpected. I would have expected that call to come from Lawyers of Spain. Do all of you have copies of your contract and bank guarantee? I don't. Could I get them now?

Lawyers of Spain will be holding your original contract and your Bank Guarantee. These are your documants and you are legally entitled to have them.

Raquel Perez used to be a partner at LoS. As a result of some internal disagreements, she left LoS and is attempting to set up her own company. Whilst it would be an option to use her, I would suggest that it may be best to avoid the acrimony that undoubtably exists between her and LoS. If you want to use an alternative firm, it may be better to go with someone completely independent.

I have personnaly changed Lawyers from LoS, so that I can be happy that I have a better degree of independance from Promaga and ADH.

However, no Lawyer can guarantee a successful outcome and I suspect that we don't have a particularly strong case, since there are many people in other developments who are 5 years overdue from getting their appartments finished (by Promaga) and even they cannot get a payout from either the bank or Promaga.

Expect a long and expensive struggle with limited chance of success, and you will be pretty close to reality I suspect. Sorry to sound so negative, but I'm just trying to be realistic.

Dear All,

I have been reading the Vista Hermosa Phase 4 and would like to make the following observations:

- LOS was indeed recommended by ADH to assist clients in the purchase of a property at Phase IV, from Promaga. Some of our clients since then decided that they could not complete and asked us about the their legal status if they decided to cancel, which we have done to the effect of advising them that Promaga had almost completed on time and that it was too soon to attempt to cancel via the Courts as we had yet to receive the license of habitation.

- We offered then the possibility to try to cancel the contracts and execute the bank guarantees, which we did, without getting a positive response from both the developer and the bank (BBVA). This was done via legal notice through the post office, known as "burofax". When Promaga received the letter the owner demanded to meet up with us, which happened on Friday, and he told us that the works were finished and the license of habitation on its way.

- LOS legal position on the matter is that if clients were to sue Promaga in Court for late delivery it is unlikely that their claim would be considered, given the negligible delay incurred in up to date.

Today my colleague Roberto visited the site with a client to check progress on works and he found that there was outstanding work for at least another month (when Promaga had told us that they were finished). Once the works were finished the license of habitation would have to be applied for but all the while the clock is ticking in detriment of the developer and in favour of the buyers.

In summary, we don´t wish to discourage private purchase contract holders from attempting to do what they think is best for them but we certainly want to give them a realistic legal opinion based on fact and law. We have no vested interested in suggesting our clients to complete, especially where some are not able to, but equally have certainly no interest to push them to a Court case that could mean around 25.000 Euros in fees if an adverse sentence was served. Currently the only realistic option is to attempt a negotiated way out of the contract after having tried to execute the bank guarantees. If the license of habitation is not obtained within a prudent timescale the Court is a realistic possibility.

Finally DoubleJ you comment that some poeple have been waiting to get paid on developements which are 5 years overdue, when a ruling through the Court of First Instance will not take more than 12 months.