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26 Sep 2006 12:00 AM by markstanley Star rating in Worcester UK. 43 forum posts Send private message

Our Lawyers have replied to our request to find out more nformation on the
current state of Aureus.
 
They state that after speaking with the Office of the Judicial Administrator the court decided to take over the development from Next Century S.L. The 5 Blocks are completed and they are now in the process of rebuilding the main block.
 
The development is now expected to be completed in Jan / Feb 07 with all licences in place.
 
We have been advised not to cancel as there could be a delay in receiving funds already paid also the Administrator wont guarantee we would received the legal interest.
 
If we wanted to peruse compensation then we would have to sue the developer and going down this route is predicted to take years.
 
Mark


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27 Sep 2006 9:53 AM by king Star rating. 13 forum posts Send private message

Are Ocean Estates liable in any way ?

Dave

 

 



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06 Oct 2006 3:27 PM by davidwhitehead Star rating. 12 forum posts Send private message

More info from our lawyer, was anyone aware of this and if so have you any info on the number of months each apartment has to be made available for rent and the rates etc.

The property that you are interested in buying is a "hotel/apartment" or better to say, a unit of a "hotel-apartment".

The hotels-apartments are included in the group of "tourist accommodation", regulated by the Spanish law 12/1999 of 15th December, of Tourism.

The hotels-apartments are those establishments that fulfilling the demanded requirements for the hotels, they even have the appropriate and suitable facilities for the preservation, production and consumption of food and drinks inside of each accommodation unit, that is to say, kitchen and electrical appliances.

The hotel-apartment is object of the Horizontal Division, therefore each integral apartment of the hotel could be registered at the Land Registry as independent property and under the name of its legitimate owner.

Therefore, each apartment of the hotel could be object of selling to different investors or private individuals.

The exploitation of the hotel-apartment (condition that all the owners are obliged to follow continuing the whole year), could correspond to a company (independent or to the community of owners).

The investor/owner of each unit of the "hotel-apartment" sign a rent contract with the Exploitation Company or management, according to which the owner will receive an income for the months that the apartment is rented.

The investor/buyer is obligated to allow that his apartment is rented during a fixed months of the year (which could be agreed with the management company), therefore you will receive an income (deducting the community’s expenses of the hotel).

During the months that the apartment is not rented, according to the agreement signed, they could be enjoyed by the investor/owner, as the rest of the hotel’s services, which are inherent to the complex and which don’t enjoy obviously other properties.

The conditions, amounts, expenses, etc, are not possible to be commented as they are fixed by means of agreements between the owners and the Management Company or community of owners.

On the other hand, we will much appreciate if you confirm us the following points as soon as possible:

  1. Will you cancel de Private Purchase Contract and recover the payments paid?.
  2. Will you follow with the purchase and proceed with the signing of the Deeds?

Will you hand over the property rights before completion (in this case you will need to find a buyer, declare all the funds which you will receive from the transaction and pay the taxes of the cession.

 



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09 Oct 2006 11:56 AM by smithl Star rating in Worcester. 34 forum posts Send private message

When we were sold the property by Ocean Estates were were not advised of this.  Does anyone know if we can get any compensation from them. We have nothing in our purchase agreement to this effect.  How can they now say that the property is not ours for 52 weeks of the year to do as we wish. Has anyone heard anymore about getting the monies that we have already paid back from the developers?


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10 Oct 2006 10:18 PM by beamish Star rating. 1 forum posts Send private message

We were also sold the property by Ocean Estates who did not advise us of this either.  Our layer Jose Medio has not informed us of this being within the contract.  If this is the case then it looks like we have bought into a very expensive time-share. Why were we not told of this at the beginning.!


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17 Oct 2006 8:27 PM by Jwalls Star rating in Scotland. 5 forum posts Send private message

I have heard from another buyer at Aureus that their lawyer has today mailed them to say that they have spoken with the person dealing with Aureus in the Judicial Administration and she has told him the the judge is going to start allowing cancellations in the development.  If you wish you can cancel and recover the monies paid to date to the Developer. 

Bit of conflicting information as well though in that completions will take place around February 2007 for those wishing to complete the purchase but that for the moment no cessations will be allowed.

Anyone else had any information re this. 


_______________________
Best Regards, Jwalls


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19 Oct 2006 3:36 PM by khadland Star rating. 2 forum posts Send private message

We have received this email from Ocean Estates today.  Has anybody else heard anything?  

"will try to explain things for you regarding Aureus.

First I would like to clearify thats its not a hotel, it is called apartamentos turisticos. It is easier to get this kind of building license and its common on the coast. I guess that is one of the reasons why the developer choosed to have it.  
I am really sorry if there was any misunderstanding between you and the sales person from Ocean when you purchased your property regarding this matter.
 
Here are some of the most frequent questions I got regarding Aureus.
 
1) What rights do we have? Apartementos turisticos means that you theoretically need to rent your apartment out for 30 days per year, or at least you can not deny to do it.  You need to do it through a property management agent like Ocean or someone else. You are not able to to do it privately.  
2) Which periods of the year? The client choose the period of the year. 
3) How is the rental income devided? It depends when you rent it out. 
4) who provides the furnishings (plates, cups, cutlery etc)? The client 
5) who pays for any damage?  The tennant 
6 If Ocean have promoted this development how is it they have not known it is an Aparthotel?  It is not a hotel it is apartamentos turisticos. We knew this all the time and it is written in the contract "


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20 Oct 2006 11:21 AM by smithl Star rating in Worcester. 34 forum posts Send private message

We were not told this at the time of purchase by anyone from ocean estates, surely this means we were miss-sold the property. Has anyone got this written down in any contract? If this had been the case we would not have purchased the property in the first place.


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20 Oct 2006 3:03 PM by markstanley Star rating in Worcester UK. 43 forum posts Send private message

totally agree with the last post if we were made aware of this then we wouldn't have proceeded with the purchase. We were not going to rent our apartment out on the open market anyway. It seems this has now been taken out of our control.

We were never told about this either by Ocean Estates or our Lawyers and only became aware of the situation after David Whiteheads posting (Thanks for getting that information out David much appreciated)

According to our Lawyer this is not in our actual contact we signed and his response was I quote:

"The Law obliges to have available the apartments for the potential tenants for the said period of time. There is no document in the contract because the Law is on top of it."

I asked my lawyer some simple questions (as I feel sometimes the English translations don't help) see below:

Are we the owners of the property obliged to allow the apartment to be rented ? YES

What if we don't want to allow our apartment to be rented ? they could charge you the rental incomes expected.

What's Is the maximum period of days ? you state 30 days is the minimum. Maximum: the whole year….

Who is the landlord ? The owner

Who sets the rental amount ? the company

Who sets the dates that the apartment needs to be rented ? the owner

Have you signed on our behalf a rent contract with the Exploitation Company or management company ? No

Can you please explain why weren't we advised of this Law prior to going ahead with the contract ? I think the real estate informed you. Nevertheless we always inform the clients too.



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20 Oct 2006 3:18 PM by markstanley Star rating in Worcester UK. 43 forum posts Send private message

 For Clarification

Taken from our Contract

Primero: Que la sociedad NEXT CENTURY S. L., en lo sucesivo, el Vendedor, está promoviendo la construcción de un hotel-apartamento en la promoción denominada AUREUS, con un total de 141 unidades, que se construyen sobre la finca de la que es dueño en pleno dominio el Vendedor y que a continuación se describe:

 

 

It actually calls it hotel apartamento not "apartament turistico"



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20 Oct 2006 3:27 PM by king Star rating. 13 forum posts Send private message

We also have no intention of renting our property, and were not informed of this proviso.

All attempts  of making contact with one of the ever changing staff at Ocean Estates , usually ends with them telling me to speak to my lawyer.

Surely Ocean Estates are guilty of mis-selling. Can a case not be brought against them?



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23 Oct 2006 10:56 AM by markstanley Star rating in Worcester UK. 43 forum posts Send private message

I too am getting the same response from Ocean Estates advising us to speak with our Lawyer I've
just sent an email to the Operation Director at Ocean stating our concerns.
 
It might be appropriate to collate all information from people who have purchased through Ocean
and try to put together a complete picture of the event leading up to this.
 
I'm more than happy to assist in pulling together facts from others and I feel we may get
more reaction if we approach this as a group rather than individuals.
 
Perhaps if people are happy to join together as a group we might be able to get someone like
Watchdog to pick up our case.
 
"Extract from mail sent to Ocean Estates"
 
We feel that Ocean Estates have misled us and from looking at other postings on various bulletin boards
a lot of your other customers feel the same way. Please consider this email as a formal complaint and be 
advised that we will be taking advice from legal representation about pursuing the matter further along with
contacting British media regarding our experiences to date.
 
Thoughts ?
 
It would be best to use personal emails rather than posting all information on the bulletin board
if you want to contribute please send any information to my personal email address
 
 
Regards
 
Mark


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24 Oct 2006 2:50 PM by smithl Star rating in Worcester. 34 forum posts Send private message

We have today had notification from our lawyers who have given us the following information:-

“The Legal Administrator appointed by the Judge has contacted us to inform that within four month the properties will be ready to be handed over to the owners, however, if you wish to cancel your contract and recover your funds, according to Mariola Lucena (the Legal Administrator)now it is the time to advise the developer and hopefully shortly they will come with an answer.”

 

Regards

 



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24 Oct 2006 4:24 PM by markstanley Star rating in Worcester UK. 43 forum posts Send private message

Just had a conference call with my Lawyer and he explained the current situation I have
listed below point that I think might be useful.
 
The developer has issued 20 or so refunds against the bank guarantee and this is no
longer an option.
 
The Bank guarantee can no longer be enforced as the apartments are now completed and
the value of the property now exceeds the deposit.
 
The lawyers for the administrator is not looking to pay any interest on the deposits received
if you wish to cancel your contract.
 
It is estimated it could take up to 4 to 6  months to get your deposit back.. (I'm not sure if this was
fact or fiction)
 
The reason the apartment hotel is written into the contract was to enable the developer to get
the building licence for Aureus, this enabled them to get the location close to the coast.
 
The management company has not yet been appointed to manage the development and they
are the ones who will be responsible for renting out the properties.
 
The developer will set the community fees for the 1st 12 months whilst the Community Members
are formed from the owners of the apartments.
 
The lawyers opinion is that no one from the Management Company will knock on your door asking for
the property to be rented as they want to stay on the side of the Community as they are responsible
for issuing the Management contract to them.
 
He also stated that he has never heard of anyone being force to rent there property under this Law
 
We can't get anything in writing from the developer stating that we do not wish to rent our property
as this will be in breach of the Spanish Law that is already written into our purchase contracts.
 
It is also anticipated that nothing will happen on the rental side for at least a year unless owners
who wish to rent from the outset for there properties to be rented by the Management company.
 
If owners are only looking at the property as an investment and rent it on the open market then I don't think this is an
issue that will have any effect on your future plans.
 
His final advice was to complete the purchase which is still estimated to be completed in February March 2007 and
then if you want sell the property upon completion, It's estimated that the value of the property is be greater than the
purchase price and then if you decide to sell the profits will be more that the interest we may receive.
 
I still am very annoyed with Ocean estates and there lack of professionalism in this whole situation.


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