Case won in High Court against the developer of GH

My Lawyer, who acts for many clients who bought on this development has won a case against Marbella Vista Golf in the High Court in Malaga. The judge found against the developer for:

Failing to complete the development on time.  Failing to build a golf course.  Building illegally,  Failing to provide a bank guarantee, and stated that some clauses in the purchase contract were "void"

The Judge also declared the resolutions in Court No.3 in Marbella were not valid. This is the best news as it should now set an all important precedent for future cases. A great start to the New Year in the fight for justice against the corruption in Spain .

This message was last edited by Tish on 1/9/2009.

Great News.

Now What ?.  Please can someone tell me what someone does with this court document

Just Dan

You go out and celebrate Dan.     They get ALL of their money back plus  the developer has to pay ALL  their legal costs plus they were awarded  legal interest from the day they paid their money to the developer. It gets no better than that!

There are no negatives to this result .......try as you might to find them Dan.

It will only be better when and if they get the money . HAVE THEY GOT THE MONEY  IF NOT  I will wait with my opinion whether news gets better than that.

I will as if this does set a precedent for my case as it would be a great victory for me on a different development to this one.

May very well stop me going belly up myself hence my total support for any actions or petitions in the fight for justice in Spain.

So the developer has to pay deposit.interest and legal fees . NO Appeal ?

Now how can this now be enforced as its not against a Bank Guarantee and as far as many are aware this developers finances like most are dire.

This will hopefully start sorting this development and thats good news for both the ones that have completed and those that have not as at least there is a defined line to start from.

The developer will no doupt go belly up if this becomes the norm but at least something is happening and much better that the unknown.

Do they have an embargo on any assets without the Banks having first charge and like one that won on another development the developer has that lifted the embargo anyway.

One thing is for sure is that if this really the start of justice then banks will have to honour guarantees,so will developers and bang goes the Spanish economy.

Those that lose will have to pay the developer interest/legals and management fees amounting to the estimated 60.000 Euros or get sued in the U.K.

Those that lose will have no chance now of getting a mortgage until the legals are sorted and if they could then because of exchange rates then its 50.000 + Euros more if than if they exchanged say 3 years ago.

Now up to 45 completed as many still feel its better to grab a tangible asset than expensive court case that if you win you dont get paid  .You  lose  the case you lose big style.

Suppose the ones that did complete may have a reasonable result when the legal are sorted and the market returns if converting bacK to Sterling.( if it stays that way)

Just Dan

Will have drink or 3 on this as I have always said lets get things sorted one way or another and at least one judge has shown that way that justice does work in Spain.

The solicitors handling this must take all the praise they deserve.

This at least has to give a hope for those that are fighting for justice.

Just Dan

The precident would be to GH cases. As I understand , no appeal from a High Court judgement but who knows in Spain?

Now how can this now be enforced as its not against a Bank Guarantee and as far as many are aware this developers finances like most are dire.

Without a BG you sue the developer. You only sue the bank if they do not honour a valid BG. I know someone else who sued the developer and won.

Yes Tish

I am aware of  the fact that if you dont have a Bank Guarantee you sue the developer.

As you say this is Spain so lets be positive and say this is a precident at least for this development..

Lets just hope for a moment that someone ,perhaps this judge is starting to listen.

Every owner would be delighted to have the developer pay everyone off so we can then move on with Green Hills as everyone I have been in contact with are very positive for the medium to long term.

I know the developer cant pay but we have to hope that somehow he has something to trade off.

The problem that some on Green Hills that have completed feel  we are in someway trying to influence other others to complete .(you have even accused me of sabotaging a Petition for offering support.) WHY.

We are very aware of your action group against completing and each and everyone of us that have completed would be happy if you do win.You all a pain to us as you are not contributing the our development..PLEASE BE ASSURED WE SUPPORT YOU.

Some feel they have an argument against me to prove that completing was wrong. Why ? I made my move and stand by what I decided win loose or draw.

We do talk on our own fantastic website donated free by a property owner  and I havent heard one that has regreted completing .

You in particular have a problem when I refer to the owners as we . WHY ?

We have the start of a very strong committeee and rules within the complex are adhered to the letter so protecting our short term harmony and longer term investment

The problem we have is that if we offer support we are accused of underhand motives. What good will it do us the try to get in the way.

Soon we will have the legals sorted.The development is very good in a sought area of Elviria that everyone loves.

We have the exchange rates in our favour but while we are positive we are all aware that that we would just love to have everything sorted..

Both owners and those that are not completing all want the SAME thing. WE ALL just want to move on with the decisions we have made.

There are hundreds of developments with far,far worse problems than this one in as much as even the ones that have completed hate it for so many reasons.(I have one if you recall)

NOW. You have no argument with me,nor do you have an argument with any owner on Green Hills so thanks for the postive news now perhaps you will get off my back

Just Dan 

This message was last edited by Just Dan on 1/10/2009.

Hi

Just like to say well done to all of those that have fought the system and those have offered their total support on the forums without any other reason than to help.

It could be that all of the advice given to the owners may or may not be open to question and I for one hope you all get every single Euro,

The rest of the owners can lick their wounds and look at the options open to us now.

Think this ruling is going to be a kick up the ass for the Marbella Council to get the P.G.U plan through to make properties legal and rightly so the developers always had no right to insist on completion without all documents in place.

That had to be for  individuals to decide based on the advice given to cpmplete or risk loosing their money.

Personally I took the gamble that as the property is completed Bank Guarantees would be void and the developers would and could never pay out and go bust.

Still dont think we have heard the last of this as there is so much reliant on this one judgement.

Just Dan

"Personally I took the gamble that as the property is completed Bank Guarantees would be void "

Just a note on your above comment Dan:

Bank Guarantees do not become 'void' just because a property is completed, even if the Architect has issued the End of Works Certificate.  All that means is the Architect's job of overseeing the construction to his satisfaction has been done.

This EOW certificate has nothing to do with the property having any legality in the eyes of the Town Hall - this only happens when their own inspectors make a site visit and are happy.  When that happens, they issue the Licence of First Occupation (LFO), and then.....and only then....is the purchaser obliged to complete.

The Bank Guarantee is valid until that completion day at the notary's office.

No LFO, the purchaser is not legally obliged to complete without it, and they can sit tight with their Bank Guarantee until there is one.

Am sure you know all this stuff, I just didn't want anyone not so clued up about this to get confused.

Hi. Mr C.

Yep. Thank you for confirming the law as its stands.

To clarify. Mine and the others decision was made based on the accepted ruling at the time and the financial situation of the developer/Eralia link.

The L.F.O was deemed issued by ways of the Administration Silence Ruling and amazed that this was not part of the defendents/developers case.

As you know this supposing legal ruling had been accepted as the norm for all Bank  mortgages and valuations

1 If it was the developer taking the customer to court forcing completion then this was clearly madness as the Malaga Courts dont seem to the validate the A.S.R .

2 If it was the customer taking the developer to court then either the solicitor is the the best or the defence was appalling.

He won on one point that there was no Golf Course. That wasnt even on my private purchase contract.?.

I really do think that everyone has done brilliant job which helps us all move on but I have this niggling doupt that somethings not as clear as it seems.

Probably because we have all been around the Spanish Legal System to long and to be honest the judgements we have all seen have left us doupt if sanity exists there at times.

This ruling leaves so much unclear and cant see a precident for future cases.

If its the developer that was forcing the issue then he clearly will not be doing that again.

If its the buyers that are taking the developer to court then by the time the cases get to court the habitation licences may well have been issued( then the issue regarding doupt about the future will not exist)

Its then going to be another massive grey area that is open to abuse. Is late completion including the issue of the habitation licence delayed through no fault if the developer or the banks be reason to have returns of deposits.

More cases are in fact going in favour of the buyer and cases have just been won on La Reserva but these were pure planning issue where buyers didnt get the actual property as in the private purchase contract.

As you know Mr C. This case is bound to be of great interest to me as I have a situation where I am on both sides of the fence with a pending court case of my own

At the moment the commitee at Green Hills are of course seeking a full review of the court judgement and will let you know if I get any insight.

I have a litigation Solicitor at Malaga also looking into this as its a potential ground breaking development.

Again .Well done and hopefully this judgement is as transparent as we all hope it is.

Just Fffff/Dan

I am a purchaser from the Upper development at Greenhills that was never built. We have gone through the legal system and obtained a judgement against the developers in November 07 for our deposit, interest, and legal fees. We have not seen a penny of it. Of course the solicitor failed to obtain a bank guarantee when contract was signed so we cannot even chase the bank.

Our solicitor in P. Banus never contacts us with information, we always have to chase him and it takes about a month to get an answer to our questions!!!!!!!!!

Anyway must go and chase up the solicitor yet again.

Chas.

That's M-E for you!! They worked for the developer didn't they Chas?

Good Luck.

Words fail me and doesnt give those with court cases against the developer great hope.

Just when we have some good news we have this and its doesnt get any blatant a case than this.

The solicitors which are clear to me are about as bad as they can get and have several confrontations at their offices.

Can assure you that sitting in their waiting room,refusing to move and warning everyone that comes in does get up their backs.

Walked out with questions answered and after that event they seem to reply quicker on the threat of my return.

Think they will remember me. The guy of Manzana 3 La Reserva de Marbella .I hire myself out as I would love to see their faces if I turned up again.Police/threats/abuse of the Brits . Had some fun there when one or two of the staff ran outside when the action started.

Chas . THEY ARE NOT "YOUR" SOLICITORS.   Change them NOW . THEY ARE  THE DEVELOPERS SOLICTORS. However you still pay them.

Can I ask are these the same solicitors as those which failed to get you a Bank Guarantee ?

Just DanI

Hi

Is there anyone that can help me with anymore information regarding this case.

I have had a Litigation Solicitor enquire in the Malaga Courts and any help would be appreciated in particular the part where the case was won on the issue of the golf course.

Just Dan

Chasnash -

are you saying that since November 07 you have patiently sat waiting for your money, without once going to Spain and sitting in your lawyer's office until you got  some answers?

I know of the British patience re. waiting in queues, but don't you think it's about time you made a little effort?  For goodness sake, where is your backbone?  No wonder everyone thinks they can ride roughshod over the Brits.  Can you imagine a Spaniard sitting waiting patiently, all that time and doing NOTHING ABOUT IT??

This all may sound a bit harsh but I do think you need a bit of a rocket up your trouser leg.

Hi.

Have the basics back from my litigation solicitors and despite claims that this ruling sets a precedence and this a success.

1 It sets a precedence on one minor issue.

2 The developer has no funds to meet the court ruling

Seem the buyers solicitors gave the developers a good hiding but apparently the defence was non existent.

This is bad news for those with cases and those that have completed.

Just Dan

Just goes to proove....if you can't find out the facts,  make them up!!     You should change your name to "DESPERATE DAN"!!!!!

Oh but you did didn't you?    John Wayne if I recall.

John

If you wouldnt mind putting this lady right.

She just follows me around the forums making insults

Just Dan

It's here to see who is doing the following AND making the insults Dan. This has been the case for a long time and the reason people do not post here anymore. You disrupt everything and post untruths.

Tish

Untruths are lies. Something I never do.

Please refrain from further insults or I wll have to bring this to the attention of the editor as I have had enough.

We owners on Santa Maria Green Hills and those that are not have the same goal and thats to move on.

The legals would help and cant beleive the arrogance of the Marbella Council in at least doing something to help make up for the mess they put us all in.

I asked for help. No reply. Have the information I need from the litigation solicitor and our committee and those that have cases will all have to take their own views.

ITS OUR  MONEY OUR PROPERTY . YOU HAVE NEITHER . Its our future or lack of it as we are finding out.

Now if you can help us then fine if not then I know lots that would appreciate letting us get along with things.

As I have said, No one fits all and your postings are potentially very mis-leading ,in my solicitors statement often dangerous and can give false hope.

Little bit of knowledge is deadly as we all know

I have even had others that have come to ME asking for the Solictors details who was successful in this ruling and together WE/US are looking to see if the same ruling would apply to them.

We are then taking on board the reality of getting paid.

Just Dan