legal case result anybody heard anything.

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06 Aug 2009 00:00 by corvera canela Star rating. 11 forum posts Send private message

Hi, 

We follow this site as we are buying in Corvera.

Just back from Spain yesterday having had a wonderful holiday and sorting out Power of Attorney etc for our property.

We heard from friends who live in Murcia full time that apparently last month in Murcia city Calidona won a case taken by an owner who did not want to complete.  They heard all costs went against the owner and their bill was well over 50k.

We have others family members who are sitting on the fence about  completing so if its true it would be important information for them to be aware of.

Thank you.




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06 Aug 2009 14:52 by searay Star rating. 238 forum posts Send private message

they heard !!   from whom do you have factual information or just hearsay that cannot be substanciated ?   i am sure a number of people are awaiting factual information on court cases .




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06 Aug 2009 16:19 by shannon Star rating. 139 forum posts Send private message

I wonder if the first time poster below has any vested interests.

I and many others believe that Calidona / their employees use this forum.




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06 Aug 2009 16:48 by inspectahomespain Star rating in Murcia, Spain. 2157 forum posts Send private message

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As people know I am onsite regularly and have good legal contcats and again although I have heard unoffically that a case has been won I cannot find anything offically anywhere so it is still hearsay until I see soemthing in writing

 



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06 Aug 2009 17:35 by ashish Star rating in Cardiff. 137 forum posts Send private message

Roy,

I am aware of this new development  - not surprising given the facts of the case against Corvera. However, I am informed that in this case advertising will be minimal. This is unfortunate but not insurmountable as we will be advertising the issue at Corvera with photogaraphic proof in the near future.

Regards,

Ash




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06 Aug 2009 17:50 by inspectahomespain Star rating in Murcia, Spain. 2157 forum posts Send private message

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Sorry Ash I am a little confused with your response

Are you saying that there has been a case confirmed in the Courts where the developer Calidona has won because I was trying to avoid the rumour mill because I have no formal confirmation of this

Again I am not sure what you mean when you say you will be advertising the issue as surely there are a group of people who, quite rightly, are keeping the details of their actions confidential while it goes through the legal system

I am  just sticking to the facts as I know them and I know nothing formally about the pending legal actions

As I explained I am only involved in helping people with practical advise based on my experiences and providing ACTUAL feedback on tye resortand defects that I find  

 



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06 Aug 2009 18:22 by mmepani Star rating. 73 forum posts Send private message

 

It's best to keep schtum until anything official. Though, like you Roy, a bit confused about Ashish's response. Ashish you saying you are not surprised that Corvera won their case?

M.




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06 Aug 2009 18:35 by Russ W Star rating. 230 forum posts Send private message

I am a bit confused about the timing of this.

The earliest completion dates were July so this seems like very swift justice.  Why would anyone not wanting to complete put their case forward early?  Caldiona must react very quickly to legal concerns!

Why the secrecy?

Why hasn't it been reported?

Surely it's in everyones interest to know the facts?  Or am I completely missing the point?



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06 Aug 2009 18:49 by inspectahomespain Star rating in Murcia, Spain. 2157 forum posts Send private message

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My understanding is that the early legal case was brought sometime ago by a person that was looking to cancel their contract and obtain a full refund, not soembody that was refusing to complete

Russ you are right that the Spanish Legal system is very slow, it takes time to get to Court, and new actions are only being defended when people are being asked to complete, when the properties have a COH and the correct paperwork

What would be interesting if a case has gone through would be the grounds for the claim and details of the full judgement, for example was the action based on unfiar contract terms, late completion or lack of facilities

By the way €50k costs seem excessive even if they lost the case but it woud be at least €30k for a single action

 

 

 



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06 Aug 2009 18:55 by ashish Star rating in Cardiff. 137 forum posts Send private message

Hi,

Please read my post - I have not said that Corvera won their case. In fact I have heard the opposite and am informed reliably that Corvera want to keep things quiet. I am awaitng confirmation of the facts but am also hoping that the owner involved will go online and confirm things - until then we will all have to wait. I have also been informed that Corvera has already paid a number of clients back their money as the areas where they have bought will not be completed. Apparently this was done in late 2008!!

Regards,

Ash




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06 Aug 2009 19:06 by inspectahomespain Star rating in Murcia, Spain. 2157 forum posts Send private message

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I believe that if a case had gine either way the winning party would be shouting about it



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06 Aug 2009 19:33 by ashish Star rating in Cardiff. 137 forum posts Send private message

Roy,

This is the problem I have. When I first read the post by Corvera Canela I was intrigued. However what surprised me even more was that when I asked my contacts in Spain, the information I got was actually the opposite of what was being posted and ALSO INCLUDES INFORMATION ABOUT REFUNDS MADE BY CORVERA IN 2008. This caused me further concern as I am not sure who Corvera Canela is (sum of 1 post to date!). Maybe he/she should get back online and give me a reference that supports his comment.

I have also seen photographs of an unfinished development and an owner who has advising that she was asked to complete without a kitchen!!! I also have data about the refunds made to owners who have bought in sections that are now not being built. Apparently they were offered a move to other sections that are being built but wisely refused not to take things any further. We are collating all this data as evidence and will ber publicising this in the near future.

It is of interest to me that this post has been made in the month that most of Spain is closed and getting information from the law courts is difficult. Whatever the circumstances, I am thankful to Corvera Canela as I would not have known about the refunds to owners if it was not for his/her post.

Regards,

Ash




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06 Aug 2009 19:52 by inspectahomespain Star rating in Murcia, Spain. 2157 forum posts Send private message

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Having checked a number properties I can agree with all of your comments, especially the comments ofn the kitchens however this isn´t a major problem as normally it is some door or drawers missing.  

If this is the case, and i have now dealt with a number of of  buyers with this problem, buyers are not forced to complete, they are given an option not to complete till  they can verify that the kitchen is finished and no pressure is applied

In the same way of you need photographs I have lots of before and after photographs, the kitchens with the missing items and those that have now been finished after the original inspection 

I know that there are people on this forum that can verify this and there are also people that completed with an unfinished kitchen and now have copleted units

This is specific to only one phase of the development and I have witnessed this being sorted out this week

By the way not just kitchens but sometimes the parking areas and all that happens is that I am then asked to re-visit the property, often later the same week, to check that all the works are completed and I take photographs and normally buyers then are happy to complete and the law is on the buyers side

Now I now that the developer reads the forum and being critical I believe that they need a better system to first check the condition of the properties prior to completion and especially before they ask people to travel 

Surely if Corvera are refunding people for phases that are not being built then that is a good thing for them to do because they have to as they are covered by a BG

You are right about August



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Roy Howitt Independent Property Consultant www.murciabankrepossesions.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748


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06 Aug 2009 20:09 by ashish Star rating in Cardiff. 137 forum posts Send private message

Roy,

Slight difference of opinion - the case I am referring to is actually not a part of the kitchen, but most of the kitchen!!

Again, I cannot say anymore, but suffice to say that things will be advertised soon.

My contact now also informs me that monies were also given back to Rhoda clients. Please check out this link: http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-14/08

This obviously does not concern me as a Corvera buyer, but interesting nevertheless.

Regards,

Ash




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06 Aug 2009 20:19 by inspectahomespain Star rating in Murcia, Spain. 2157 forum posts Send private message

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Again I  can ony report on my own finding on checking apartments and state, for the record, that legally a buyer can refuse to complete on a property that does not meet the agreed specification, namely if it lists a finished kitchen then it should have one and to date, where we have found missing parts no customer has been forced to complete

 

 



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Roy Howitt Independent Property Consultant www.murciabankrepossesions.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748


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07 Aug 2009 01:12 by Russ W Star rating. 230 forum posts Send private message

Just a last point today on a post created by someone new to the forum.

Isn't it normal for someone who starts a genuine thread for the first time on the forum to actually take a genuine interest in the debate.  Especially as it is such a contentious issue.  Why haven't they responded?  It's akin to starting an important conversation and simply walking away.

It has been started by someone who wants to make mischief  (or worse) - either way it's fairly obvious by now that it is a load of c**p and you have wasted your time.

Please can I urge people not to bother with this thread unless the original poster (or anyone else) can actually substantiate their point.



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08 Aug 2009 00:41 by corvera canela Star rating. 11 forum posts Send private message

Hello again,

We have not gone away, we were just waiting for a reply to our question.

We are sorry if it has caused a problem for some people ,and they feel that just because we had 1 post  we are are here to cause problems .We will go away as requestedby the last sergent major  and just go back to reading the bits we feel are helpful to us and our family.

 

Thank you to the decent people who give valuable information on this fourm and are not rude and we wish Mr Pleasent all the joy and good fortune he deserves for the future.

This is our second and last post however we will contiue to follow the postings of interest.




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08 Aug 2009 01:08 by JORED Star rating. 137 forum posts Send private message

Hi corvera canela ,

Why dont you get your answer and post it here ?

I would think most people would not think you have caused a problem

The subject is very close and dear to many people on both sides ( to complete or not ) and after such a long wait maybe emotions are running high , your input is / can be of valuable information and after starting this Post do you not now think it would be better for all like minded people that  you are the one to finish it

Please do not stop posting after all a  forum has all different ideas and veiws and what makes it interesting to follow is reading boths sides of the coin

Prove one way or another that the info you got in good faith is correct ,or you were  simply miss informed either way dont give up

if everybody gave up EOS would soon be a dull Site 




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08 Aug 2009 09:18 by inspectahomespain Star rating in Murcia, Spain. 2157 forum posts Send private message

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I now have an actual copy of the Court judgement, dated 22 May 2009, ruled in the Murcia Court address Avda Juan Carlos, which involved a Spanish buyer who filed for abusive contract abuse and late completion which found in favour of Corvera and awarded them costs

The refference is sentencia No 857

The action was bought against Corvera dn the banks

 



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Roy Howitt Independent Property Consultant www.murciabankrepossesions.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748


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08 Aug 2009 19:29 by INVESTOR Star rating. 26 forum posts Send private message

Hello Inspectahomespain,


   Are you saying that Corvera have been to court about not completing and they have won the case?

Is this official or is it gossip ?

Thank you for helping with this as you seem to be one of the few who deal in facts.

 

 




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