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03 Jan 2007 12:00 AM by smle2007 Star rating. 1 forum posts Send private message

It seems to us that San Jose acted in bad faith prior and during the sale of El Pinet: Apparently, they were aware from the outset that a claim had been filed seeking protection of La Marina from new developments.

In any case, the breach of contract referred to in clause 9 of their standard agreement has already taken place. This entitles all of the buyers to a claim on the full payment plus interests.

San José are now reaching unfair deals with some of the buyers, in some cases offering another property at the current market price of the original, but never agreeing to a cancellation of the contract.

We will be taking them to court with a Spanish lawfirm in the coming few weeks seeking a full repayment plus interests, damages and costs. Needless to say, the more we are the better the options.


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23 Jan 2007 11:14 AM by Gedpeck Star rating. 1 forum posts Send private message

My information from a Spainish acquaintance who inquired at Elche town hall planning department,was that because of "green "enviromental protests, the urbanisation permissions that had been granted,  lapsed in 2003.That means they could not put in the streets ,lighting ,etc. I have also been told ,by  a local  estate agent , that San Jose built more properties on the site than had been given planning permission ,and a local English resident said that also they built in areas that were not on the original plans.

 My Spanish solicitor met with San Jose's solicitors in October or November last year,and agreed to  a repayment of the deposit, on the grounds they had broken their contract by going over the agreed completion date.Neither solicitor then regarded the delay because of  the enviromental study  as valid grounds for not repaying the deposit.Then San Jose became difficult ,because so many people wanted their money back and were using delaying tactics.

 I bought my property through Instant Access ,who then stepped in to negotiate a compensation package,without telling us that San Jose were last October  selling their final units at 141700 euros, when the purchase price on mine was 160000 euros.

  I  have asked my Spanish solicitor to begin proceedings against San Jose,but have not heard from him,so after I check with him ,I would like to join your case. 



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16 Mar 2007 8:16 PM by alan and deb Star rating. 4 forum posts Send private message

Can anyone update me on how things are progressing. We are considering the same course of action.

 

 



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