European Commission gives a TV advertising ultimatum to Spain

I believe the 'contractual rights' refered to are the rights to receive 10% compensation due to the late delivery. Personally I think I'd rather have my deposit back plus compensation.

Alan

Hi I'm new to this site and have typed various messages on different threads as I'm not sure what I'm doing! We have bought on phase one. Our apartment is complete. Good to at least hear you guys discussing what we have been trying to find out for months. Sue

Hi All,

I was in touch with my solicitor taodat also and got exactly the same info as others recoeved from MRI.  Which is a first as far as I'm concerned, the fact thet many of us are getting the same message.  At this stage Alan I have waited over 4 years and my head says pull out now but my heart is telling me to wait one more month until mid August.  Dont know how long you have been waiting but haiing been around the site in Feb it is probably worth the wait.  I really dont know who I am trying to convince more, you or me.  I think ill wait the month now.  A t teh end of tha month if its not finoshed I'll meet up with you just so you can call me a fool, hopefully not though.  

Here is hoping that this is the last wait.

Peter. 

 

Hi Peter, I don't think anyone will be a fool irrespective of the decision they take. People will have different reasons for pulling out or hanging in and completing. There are several factors why I am considering cancelling but I am still on the fence and I could fall either side at the moment. Good luck whatever you decide and yes it would be nice to have drink and mull over all that's happened.

Alan

Hola:  Segun mis ultimas noticias podemos empezar a tener esperanza, ya estan dando los primeros pasos para solucionar los problemas, pero por desgracia estos  problemas no se terminaran de solucionar antes de  Septiembre.

Casoir

Hello: According  to information we   can start, having hope, already  giving  the first  steps  to solve the problems , but unfortunately these problems were not  finishing  before September

Casoir

Hi alan,

This fence that I have been sitting on for the past few months (years really)  I put down a deposit 4 years ago now.  I am surprisd that there is any of me left that I am not shredded from this fence.  I have gone through every emotion possible.  My solicitor told me that it will be finished in a month.  If I was to take my money back now it will take a month to get it anyway, (they heve worn me down).

I really am hoping that it will be worth it am am looking foreword to having a drink with you all, when this is finally over.  I am taking comfort from a friend who bought elsewhere on the coast, and had nothing but grief from begining to end.  Hers went  on for about 5 years and the finish is nothing like ours.  Iknow this sounds like an AD for the developer its not ment to be.  I just want to be in.  If the permit is not granted by the end of August then I will be pulling out also.

Peter

Hi Peter

I think the main problem has been lack of information from developer/builder.  We were all assuming that we would have completed by now and consciously excited about the prospect only to have your aspiration crushed from month to month.  If the developer/builder had been honest and forthright from the onset we may not have had the doubts that most have had at one stage or another....still perhaps that is Spain for you and all part of the rollercoaster ride.  It just hurts when it is your money at stake. 

Pienso que el problema principal es la falta de información del revelador/constructor. La mayoría de nosotros asumió que habríamos completado ya y conscientemente emocionó acerca de la perspectiva a sólo tener nuestra aspiración aplastada del mes al mes. Si el revelador/constructor había sido honesto y franco del comienzo nosotros no podemos haber tenido las dudas que la mayor parte de ha tenido en una etapa u otro. ...quizás que es España para usted y para toda parte del viaje. Acaba de doler cuando es su dinero en el riesgo.  Lo siento Casoir, Intento

 

 

 

This message was last edited by laurdan on 7/18/2007.

This message was last edited by laurdan on 7/18/2007.

just a couple of points re this thread.  they are saying that it will take 10 days to complete the road - who are they trying to kid and everyone seems to believe it.  I have been waiting over 4 years and now am supposed to believe that the road will be done in 10 days - no chance - 10months more like !!.

Anyway does anyone know how long it will take the bank to pay up if we cancel our contracts - my solicitor says it could take up to Xmas 2007.  Also if anyone decides to complete how long will it take to get the 10% late completion compnesation ??  - this will pay for most peoples IVA & solicitors fees so actually not a bad option when you think about it !

this whole thing is so tricky as the majority of people would normally pull-out but though everyone (seems) to had a visit there in the last few months they know that once completed - it is without doubt a quality development ??

tough call and a most frustrating time !!!

Which 10% late completion payment might this be?

None of us is given the same info.  My sols say that the delay in the habitation licence is due to the change in mayor and having to reread all the documents.  They knew nothing of the water pipe.  They will ask about this.  But as we know its broke.  Sols say a new letter is coming out - wow!  Re cancellations.  I haven't heard anything about compensation for delays in completing.  If we all cancel today I would bet that we dont get a red cent in our banks until 2008.  I have been reading the threads on the Arenal Golf site and buyers in the later phases are now receiving their monies back.

Our best hope lays with the Basque Separatists - if they blow the f****n lot up we may well get a refund.

As you can guess I am a tiddy widdy bit fed up with this!!

 

 

Obtaining water from stone comes to mind!  However, we can collectively instruct our solicitors to deduct 10% from the final payment due?

 

 

 ¿Sin embargo, nosotros podemos instruir colectivamente a nuestros agentes para tomar 10% del pago final debido

I received an email from Elena my lawyer on Monday arranging for her to call me so that we could run through everything once and for all. She confirmed my telephone numbers and we arranged it for 10.00 this morning (Wednesday). Guess what? yep you're correct. She didn't call. Just about had enough. 10% compensation! In todays pc climate I think I'll go for a couple of million for stress related illness's and I don't think I'll wait for the Basque's I'll blow the place up myself!!

Alan

In an effort to keep everyone's spirit's up I'd like to say that there is light at the end of the tunnel.  We are nearly there - ok granted you may not get to spend the Summer on the terrace of your new apartment, but keep in mind the developers/bank must want their money as much as you want your apartment .  October/early November is a fabulous time in Spain the temperatures are similar to a British Summer (you know that one that currently isn't happening in the UK - :o) ).  We took possession of a similar apartment at Casares del Sol last mid-October and the weather was fantastic for the week we were there setting it up.

Ask  yourselves - what's the alternatives..... you get your money back ( as many people have said .....eventually), feel frustrated, let down with the whole thing and then start looking around for something else that will cost you a lot more and probably will buy you a lot less.  Unless you purchase a re-sale who's to say the whole thing won't repeat itself?? 

Ok, I did say this was a 'cheer you up' thread - so look at the positives - As many people have said ...Brilliant position, fantastic finishes, (My CDS apartment comes nowhere near Duquesa  in terms of quality) upmarket electrical goods, air con included.  And most importantly - the neighbours are a great bunch (or so it seems from this website)!!!

Keep the Bulldog Spirit alive - we'll get there in the end AND.... if there is compensation to be had it's a bonus.

Hi All.

Guss here havend written in a long time I am just letting you know my solicitor

has managed to recover my whole deposit without any difficulty at all you see

your solicitor dosent have to apply to the developer for your deposit refund he

contacts the insurance company where our monies are insured against exactly

what has already happened so on his first telephone contact with them they

agreed to repay the money in full plus legal interest and its as simple as that

from start to finish which will be on friday it took 12 days so you dont take the

developer route to recover your deposit strange the developer or the selling

agent has never informed us of this fact.

best of louck to all.

guss,

i can't seem to get any spirits up at the moment sorry. and no matter how much we all talk on here, nothing is actually happening!

Mail received today from sols.

Further to our conversation with Gerens on Friday, the 6th of July 2007, we would like to update you on the latest information in relation to the purchase in Arenal Duquesa.

PHASE 1

Although the technical department of the developer estimates to have granted the First Occupation License on the 30th July 2007, it seems that it will be much later because building works demanded by the Town Hall have not been fulfilled yet (ie. access road of the community to the blocks, etc.)  As soon as the First Occupation License, water and electricity supply have been arranged, completion can take place. No change there then

PHASE II

The forecasted date for the Licence is 30th June 2008

PHASE IV

Due to that only 54% of the building works have been fulfilled, the technical department of the developer expects that the License will be granted on 30th December 2008

CANCELLATIONS OF PURCHASE CONTRACTS IN ARENAL DUQUESA

The developer has sent us a resolution contract which will need to be filled in for those who wish to cancel the purchase contract.  We will fill in these contracts with clients details, property details, date purchase contracts was signed and the amounts paid by the client.  We will then send the resolution contracts to Gerens and they will send these to the administrative board of bank Cajasur in Cordoba in order for these to be approved.  The developer will include in the contracts the amount of the legal interests which will be calculated up to the date the resolution contract is signed.  Once these have been approved, the resolution contracts will be signed by both parties and the purchaser will receive the corresponding cheques in his favor.

Gerens estimates that the approval of the resolution contracts could take about two months.

No mention of any compensation if we keep the apartments for any delay. 

I have spoken to my solicitor Elena this morning. She said she is busy dealing with cancellations on Arenal Golf & Duquesa and has not been able to keep up with informing clients as to what is happening. With that in mind I am sure she will not mind me disclosing our conversation this morning. I will precis it and highlight the salient points.

She is in touch with the developers daily. They often have nothing to reveal! For instance, when I told her about the issue of the water pipe the developer knew nothing about it. She approached the Town Hall they also had no idea what she was talking about. However, a couple of days later a 'technician' disclosed that there had in fact been a fracture during some works.

The pipe she is told will take 5 days to repair. The developer was told by the Town Hall that they would agree to the license before the road was finished as long as they could see work had started. This appears to be the core problem in that Elena believes that the developer didn't realise how long it would take for the builders to actually start work. (Unclear what the reason could be.)

As far as cancellations are concerned the developer is readily agreeing to this and there are no problems if you want to take this route. Obviously you will be refunded any monies paid plus legal interest. The interest starts at just below 4% 3 years ago up to 5% this year. I guess it averages out at about 4%. You will have to pay legal fees which personally I feel should be picked up by the developer but this is unlikey to happen unless you go to court and that could take up to 10 months! Elena doesn't know but she feels the developer is compliant as he knows he can re-sell at a better price! She obviously cannot offer advice on whether to cancel or purchase but points out that prices in Duquesa have increased and the positioning of this development is very good.

With regard to compensation on completion they are not so forthcoming. They feel nobody has been compromised by the delay particularly as many buyers were investers. This could be a struggle if you push for compensation although she didn't rule out some sort of discount further down the line. They will also consider out of pocket expenses incured whilst completing i.e. Travel, hotels etc.

She has yet another meeting with the developers tomorrow if I hear anything further I will let you know.

Apologies for the length of the post but it could have been longer!!

Alan

Below mail I received early from my sols.

Dear Elaine,

I’m so sorry, but further to the meeting that we have with the directors of Gerens they were quite clear regarding the compensation. They are not going to pay any compensation; they are offering to resolve the contracts in a friendly way with the devolution of the money that the clients have already paid plus the legal interest of this money.

They also told us if the client is interested in the compensation they have to demand them and initiate a lawsuit.

Anyway, I’ll insist, but they told me thousands of times that they are not going to pay the compensations.

Also today I’ve spoke with the Town Hall, and they have told me that the developer has to finish the famous road and repair the water pipe that the developer has broken.

Kind Regards.

Did I read that some people had been offered compensation by their agents.

 

i've been offered nothing, not even any update so thanks you lot for sharing yours

suzanne

incidentally, is there anybody on here who did not purchase direct from the developers right at the off plan stage?