Not able to complete on Roda?

Anyone out there not able to complete on Roda for whatever reason.  I would love to hear from you.  I have just received notice from Legal department that Roda are going to Sue. 

Just interested what reason you gave them for not completing. Has your legal representative said that they can do this?

I believed that the contract infers that if you do not complete that you lose your deposits.

Good luck. I am a 'corverian' and your situation is poosibly one which many of us may soon have to face. I t is very worrying if they are able to claim against you (us). Hope that this is not the case for all our sakes!

Our Lawyer told us the same - they would keep our deposit.  Not something we wanted but had no choice.  Anyway now he is saying that this is a first and unknown.  Not giving me a lot of confidence exactly as maybe I am the test case.  Calidona have been saying they would take people to court to force them to complete.  To be honest I like many others thought this was an empty threat to make us complete (world financial situation/exchange rates ect).  I think they are serious.

We told Roda that my husband had lost his job and therefore we could not continue with the mortgage etc.  They replied with a new date to go to the Notary! 

Obviously the financial situation comes into all this too as if Roda had completed on time we wouldn't be having such a problem.  Plus remember none of the facilities other than golf course and club house are evident - although there is now a tiny shop apparently.  Hotel seems to have been abandoned for the foreseeable future. 

Any info you find out would be greatly appreciated

Trudie

I suggest that you post this query up onto the main forum as you will then get a more general response as I believe that Maria the lawyer, has in the past made some comments regarding a clause in Spanish consumer law, that, if you can prove that you have lost your job and cannot now get a mortgage, it may be possible to cancel a contract and get your deposit back

I know that I am and that probably going to get some abuse with this comment but I do have some sympathy with the builder that has actually devivered a good quality product, even late, unlike on many othet local developments where the developers have just pulled thye plug and buyers are having to fight to get any money back

I also know that RODA´s attitude to this, really due to the credit crunch, has hardened a lot and that they will pursue people for completions so you do need a good independant lawyer to advise you

i would assume calidonas attitude has hardened as they realise in todays market they have very little chance of achieving the premium price you will be expected to pay , although they seem prepared to spend money on legal fees rarther than trying to look at the reality of the situation and deal with it accordingly .

is this just scare tactics ? who knows afterall it only takes one case to go against calidona to open the flood gates and there would appear to be a lot of cases in the pipeline , it will be interesting watching things unfold , afterall we all know calidona have delivered all they said they would deliver in there sales literature and on time as well !!  so no worries for them at all !! 

Yes Searay I am sure there are many people out there waiting to see what happens, although I have yet to hear of anyone else who is being sued!  Funnily enough we would have loved to complete as in the future I think Roda will be a great place.  You are right though they have no idea when it comes to completion times - we have waited 4 years and when we were due to complete most of the resort should have also been completed.  We didn't buy on phase 1 for this purpose.  It is a joke really. 

I also agree with you at Inspectahomes - Roda is a quality product and better than a lot of other projects.  I do feel for them in the current climate and can see why they are persuing us.  We have been very clear with the people at Roda about my husbands job and they have continued to chase us.  Our lawyer sent them full details in a letter which they did not reply to other than to set another date for the Notary!  I am trying to get hold of Maria and will phone her law firm tomorrow if I haven't heard anything from her as she has been mentioned by lots of people and any input at this stage would be gratefully received.

I'll let everyone know if I get a result!!!

Thanks

trudiea , i have not heard of calidona suing any one , and i wish you every success , do you have a court date or are they only making noises ( which is bad enough , but common business practise)  ?

there are however a large number of people suing calidona who would appear to be a lot further down the line , perhaps with a bit of luck you will not get to court as these other cases will have had a judgement one way or the other .

No haven't had a date just a letter telling me they are sending more details! 

By the way what are people sueing Calidona for - I thought the contract was pretty un sueable.  It mentions no date for completion, no other services or facilities etc.  Sorry to ask but this might help my case in the long run.

Thanks

Searay, I don't seem to have the PM facility - no idea why.  If you would rather send me a private massage I can understand.  I will try and get this facility but if not can let you have an email.

thanks

have sent pm , would advise reading . email administrater and they will enable your pm .