maria de castro

hi

has anybody used her to go to court? any views on her thoughts/arguements, anybody with any success yet?

cristine g

No comment on her ability but her legal tips on her Blog are always of interest and this latest may interest Corvera buyers.

Legal tip 150. Publicity is part of the contract´s win.
22 September 2009 @ 13:35

A couple of Court decissions received today in our Law Firm where judges very correctly apply what we all know now: Publicity is part of the contract. Good for consumers oriented judges in Spain.

We will be celebrating... you can celebrate with us!

Best,

Maria L. de Castro

Hi H.M. (c'mon the Busby Boys)

Pity Maria doesn't say whether these were for property purchases or for cars or something else just to clarify. It would be nice to see some winning arguments and name the developments, then at least you would be able to claim precedents, although I'm not certain Spanish judges pay any attention to these?.

Very valid point Steve,

In fact, in Spain, Consumer law applies the same as to whether a car purchase, property purchase or a washing machine. Would you accept delivery of a new car if what was advertised - engine size, colour, radio or even cup holder was not present and the seller was not willing to deliver on his promise?

I think Maria is far too busy to deal with anything but property purchases, but I will ask her for you.

Regards,

Ash 

steve

i think if you look at her firms business profile there maybe a clue in there !!

why should they want to publicise winning arguments and let peole have there skill and experiance  foc ?

i feel sure thee will be a number of her results (posative or negative ) posted in the none to distant future .

Ash,

You know I fully understand and agree with you as far as a car's concerned (being a bit of a petrol head). As long as MY property gives me the attributes that I desire (Golf, views, sunshine etc.) then I will be happy in the main if not the whole. Of course I want ALL the advertised facilities to be provided (Hotel, Equestrian Centre etc.) but I will not cut off my nose to spite my face by pulling out of the deal as IF and when p-3 gets built it should provide ALL of my NECESSITIES.

That said I do empathise with ALL who have different requirements and as said before I hope they all get that which they are willing to fight for. Believe me if they take away the Golf Course or the view then I shall be the loudest voice of complaint and action.

Searay...Yeah I know you're right but a little background wouldn't hurt and would probably boost client base from those in same position.

Best Regards to all ....  Steve

hi steve

fair points info is always nice however it is also power and maybe she is relucant to put it on forums monitered by the very developers she is challenging ?

i thought i would have all the facalaties on roda ( bearing i mind i am on phase 4 ) this has not been the case hence i am having to take this course of action as i am a lifestyle buyer  the resort simply doesent give me the facalaties advertised and if i complete without the facalaties and they dont get built what then ?

wish you all the best with your purchase and hope yo get all the facalaties as described .

Hi All , good Evening,

The light hearted bit out of the way 1st.

Steve you want only Golf , Veiws and Sun, What about poor old Jane ? We never ever hear from her ? What if she wantsHorse Rideing , Spa and Shoping at the Commercial Centre ???  A tad selfish of you dont you think ?

Below is Calidona answer to the question of the Commercial Centre at RODA  ( have a read BIG C )we got back on the 18th of September 2009

We asked them about some disturbing news that they had infact given back to Clients their money for the deposits reserved forthe Commercial Centre Units

Regaring the Commercial Centre, we will strat the building works as soon as we have found formal requests for our business and commercial Units, Please, bear in mind that having a commercial centre closed is worse then not even building it. We have returned one of the deposits to an Operator, as you have mentioned as it was the only formal reservation we had until  the date. However Calidona has also agreed with them a preferential option on units

So there you have it   !!!!!   So at this rate we just might get one in say 2015 because there is no way they will look for Clients now and dont forget they have had 3/4 Year to sign up Clients,  A betting man will tell you that noway will the HOTEL  be built next year Maybe 20011 or 2012 best guess, SO that if started gives you  2015 finsh ,the  Hotel and lets be kind the Commercial centre

 A full 10 years !  YES folks a full 10 years

I just want what they sold me at the Sales desk and in the Brochure NO MORE, BUT NOT LESS , I DONT THINK THATS TO MUCH TO ASK

Steve , you and Jane could then be in a real 5 Star Resort and both be Happy no ?  If all you wanted is the things you mentioned then you could have saved yourself 100k and bought a place elsewhere ,

Does A leopard change its spots ? Lets see how Corvera goes ,because up till now there can be nobody that has bought on any of the 2 Resorts have got what they paid for NONE in the 5/ 6 years this Fiasco has gone on

Hi Jored this is unbelievable news!

Calidona have now shelved their plans to build a commercial centre on Roda.  When did Roda first open?  Was it 2005 or 2006?  How long is a reasonable length of time?

In the UK it's common practice for a new development to offer subsidised rents for retailers to trade in appreciation of the fact that custom may be slow at first.  I sincerely hope that anyone who has retired on this resort is able to afford to pay for taxis etc if they cannot or are unable to drive. 

What seems to be missing here is an appreciation by Calidona that visitor numbers will continue to be weaker outside of the summer months unless there are more things to do and the building work is complete. 

I thought they had plans to build a further 2 resorts in total - surely no-one in the right mind would buy from them unless they start making firm commitments.  I guess that until they start getting their act together, people will continue to air their frustrations on forums like this and further damage their reputation.

If you go onto Los Arqueros`s web forum you will see why Calidona have made a very wise choice to put the Commercial Centre on hold

There they  where half way through building the Commercial Centre when Iceland frozen food dropped out and the developer pulled off site

They are now left with a huge concrete jungle smack bang in the middle of the complex with no hope of it ever getting completed

The complex was built by Taylor Woodrow who are a very reputable British Company so I think a very sensible bit of forward planning by Calidona albeit a bit late

With respect Blueboys, I was actually imagining a commercial centre with more upmarket shops than Iceland and perhaps more independent retailers.  I think this example shows the folly of being overdependent on just one retailer. 

I just can't agree with your point about this being sensible planning given the time-scale involved but rather a case of convenient excuses being used.  Why wasn't the centre built during the boom years? 

Another way of looking at this is to ask the question why businesses are not interested in locating on site. 

Clearly any retailer would be concerned that there just isn't enough custom.  Why is this?  Could it be because the resort is half empty during the year because the facilities and market presence of De Vere isn't there.

Perhaps this is why Spanish consumer law includes the advertised facilities as a part of the contract.  Without this protection it would be simple to promise things without delivering.  No wonder people are concerned about Corvera.

PS - well done Maria!!

Russ I know they havn`t delivered what they promised and when but 2 wrongs dont make a right

Have you been on Mosa Trajectom where the Commercial Centre is built and they have about 3 units taken out of god knows how many

If Calidona built the Commercial Centre now do you think they would get them occupied

Hi Blueboys and Russ,

As I sought of started the "news" about  Roda and the non build of the Commercial Units I would add my pennys worth

blueboys , you are right two wrongs dont make a right BUT we didnt buy on Los Arquero or Mosa Tragectom , No doubt your hard earned Dosh after looking at many websites, Brochures and even visits to the area of Murcia chose Roda

When you  sat down with the Salesperson they no doubt sold you on the whole complex and for me the Hotel and Commercial Centre were a big part of it, Somewhere to stroll in the evening to the Irish Bar perhaps the Tapas or Italian Restaraunt after, I was even told they were thinking of  a Disco on the grounds of Rivaling La Manga ,the outdoor Terrace over looking the signature 7th hole for sundowners or cocktails,,,,,,,,, You get my drift ( just for a minute  i thought it was all true ) how nice that WOULD AND SHOULD BE,,,,,, You have no arguement  i am sorry Russ W  is  100 % Correct

I am amazed Calidona gets so much backing and support, Please please please People dont settle for 2nd best

If it had been built in 2005 they would have had nearly 3 years of boom time to help  the bad times,  Maybe Offered the Units half rent etc there are way s and means even in a down market to survive

It is not right , if told its going to be 10 years before the Commercial Centre  i would have carried on walking

Al the best to you both in these difficult times

Hi guys - Jored please don't be too surprised at Blueboys offering support of Calidona.  In his days as Wangy he often enjoyed an argument and to be honest it's good to hear all opinions.

However I think that Calidona is also differnt to other developers in that they had a clear business plan to develop 4 complexes in total and I believe the deal signed with the PGAE also tied in with this.  Therefore it might be good sense for them to build the centre and take a short-term hit on the rents as Jored suggested by offering subsidised rents. 

Surely they need to get their first resort up and running to give their brand some value.  Their third resort Ballabona was going to be much bigger than Roda and Corvera thus allowing them to regain any lost income through the sale of more units.  I can't imagine anyone buying there until the first 2 resorts are complete.  I seem to recall someone telling me that they have already purchased the land so that must be eating away at their finances already.

At the moment they are faced with numerous disgruntled consumers, the threat of court actions, a depressed property market that will probably worsen before it gets better, corporate partners thinking that this is not a great place to invest in etc...

In addition their own property prices are being depressed over and above the regional averages by a number of people who are desperate to sell because they can't make sufficient rental income because there aren't enough facilities.

UK holiday makers and overseas property purchasers are already taking a massive hit on the exchange rate and are therefore being much more choosy.  Calidona may attempt to target different markets in Russia and Northern Scandinavia but I believe such consumers will actually take advantage of the established, exclusive parts of Spain first and foremost.

How can their business progress unless it sorts out the present situation?

Hi all

I don’t think there is much disagreement, the commercial centre and other facilities are not going to be built ( at least in the near future). Bluebells I can understand that it might not make commercial sense to build the commercial centre or the hotel or other facilities. All I would say is that when we signed up at Corvera we were promised these, this was the ‘dream’, this was why I and many others signed up, and why we paid the price we did ! This is why the Corvera development ‘ticked all the boxes’, this is what made this development stand out from the others, this is why I and many others wanted to buy on this development !

What ever the reasons ( and some are self inflicted), Calidona have not upheld their side of the bargain and as a result we should at least now have a choice as to whether we want to continue with these changes of circumstances taken into consideration. I and many others do not wish to continue under these circumstances and should have our deposits returned, for those who wish to continue with things as they are, that’s fine and good luck to you.

kev

As normal I will try to make this post balanced and based on the facts gathered form living and working in Spain and form other local developments

I do not condone the actions of any developer when it comes to the lack of onsite facilities as it is now becomming the norm on many sites, not just Calidonia resorts and it is a sickness of the market and the area and I am sure that the legal actions going through will test the validity of the arguement and nothing said on the forums will change this

It is all about supply and demand and unfortunatrly there just aren´t enough people around for businesses to commit to the lease and freehold costs for some of these developments and there are so many empty units where tennants, regardless of the incentives offered, are just not around to rent units.

In my area around Torrevieja alone they estimate more than 1200 empty commercial units to rent, many offering very attractive commecial terms but all requiring a long term lease, Trepasso, commitment

There are 3 real example locally, United Golf which has a clubhouse, Sports Bar but for almost a year a completely empty finished commercial centre. Peralajec close to Hacienda Requelme and Sierra Golf, has a great restaurant and clubhouse but a gain a finished commercial centre with no tennats or interest form  renters and another scrapped hotel plan. Mosa has already been mentioned plus of course the finished  and closed down Serena Golf Resort Hotel and Spa, 11Km from RODA openned for 6 months and then closed because it just wasn´t financially viable

Having an empty built comercial unit collecting dust and graffati is not attractive for any resort

The facts or RODA and Corvera are however I believe very different as around RODA you have a good variety of established Hotels, shops, bars, restaurants and Spa´s, yes I know that you cannot walk to them, but there charges tend to be much  lower than onsite facilities

Corvera however is a whole different commercial prospect with the closest hotel is newly openned one at Hacienda Del Alamo plus far fewer bars restaurants and shops as competition plus of course the airport and the Spanish Open locally in 2012

I am not trying to excuse any developer fo their actions, the Courts will decide,  and I would be as upset as anybody, but would always, if I had a property on RODA, be promoting the wealth of excellent local facilites like the Thallassa Centre at San Pedro or the excellent beaches within easy reach 

I agree that facilities are even more important on Corvera - however try and find any official mention of them - it's an extremely difficult task.

Corvera did stand out geographically as a place on its own away from the other competition.  However if you look at the announcement from Calidona on their website about a decision regarding hotels, only Roda is mentioned (and that's talking about a decision to go on and build the hotel to be taken at the end of this year!).

There has never been a specific mention of Corvera on the De Vere website!  Surely this must be of a concern.  At this stage on Roda at least de vere was registering some interest.  This partnership is crucial to the success of the operation IMO.  I understood that De Vere would use its marketing power to encourage tourist to visit its first overseas venture and the faciltities would naturally be in place to do this.  Without the backing of such a large organisation, then of course the project will be difficult - so I wonder what;s really going on.  Please understand that this is not just about a hotel it's about having this brand working on the resort.  This was promised but on what basis?????

You are right what you are saying guys I certainly dont agree or think Calidona are right over failed promises but I think they are right to hold back on building the Hotel/Com centre just now

What they could possibly do to appease the situation is build a couple of temporary units so there could be a Tapas bar/Theme bar with patio etc within walking distance until the world economy starts to recover, how long that takes is anyones guess

i put my deposit on roda in 2006 ( boom years ) and was told of the commercial center with is supermarket , bars and restaurants .  ( not even going to go into hotel / spa / gym etc)

it would now appear that they have only had one firm commitment ( which they have refunded ) this again was through the boom years !!  strikes me they have more chance of knitting fog than finding tennants , IF it is correct that promotional material is part of the contract then it would appear calidona  could be in a very difficult situation indeed , yes local judges may side with a local developer but what happens when it is taken to the next level again IF  the posting is correct regarding promotional material then a precedent would appear to have been set .

perhaps if calidona and its agents had been truthfull from the start all this could have been avoided ,it never ceases to amaze me how people will try to defend the indefensible and settle for so little .