Garrucha fun fair

Hi - we are buying an apartment on Phase 2.  Despite all the horrendous delays and the stresses of this development - we have been in close contact with One Properties and are still looking forward to finally completing on our apartment. 

Just come back from Spain and went and had a good look at the communal pool area for Phase 2 - looks fab.  We would love to hear from anyone also buying on Phase 2 as we are going to have to form a "community" together to make decisions/rules etc. for the future - so it would be good to "talk". 

We felt much happier about the complex than we have done in a long time and we still believe it will be a great long-term investment!

Please get in touch!!

I bought on phase 2 in Jan 2005!!! This property is still not complete!!! All I can say to everyone is that you should ensure that you have a good third party solicitor who is independent to your estate agent and the developer. This is because I have been in contact with the developer, the developers agent (One Properties) and my solicitors.

I visited the developers agent and development in Oct 2007. I have been informed that the completion of the development has stopped until further notice from the local town hall. I have now employed a second solicitor who has been a great help and has told me the truth about the development and has very good contacts at Los Alcazares town hall.

If you would like to contact me about the development that I have found out to date or you would like to contact the solicitor I am using please post a reply.

Mark

I`ve read the messages posted and as expected we are not alone in our concerns and frustrations on this development.  Our  initial excitement with the planned development has turned to a constant worry and , we still have no idea when or if we will take possession, or indeed whether we will lose the payments we have made. We exchanged contracts on our Apt in phase 2 in October 04, and when the Apt wasn`t ready  as planned in June 06, (there having been no activity on site for months), gave notice to terminate which was rejected by the developer on the ground that the delay  had been  caused by judicial intervention because of some alleged link to problems at Marbella  Town Hall !-- but that  the developer was an innocent party.(it maintained). Our agent has  told us that because the developer  exceeded its permitted square footage on phase one by creating rooms out of what should have been open terraces, the planning permission is illegal and the Town Hall won`t issue Habitation Certificates for phase  2 as a result( but the developer could rectify the position by submitting amended plans reducing the floor area of other phases so that the total area as permitted by the original permission is not exceeded.So far as I know the developer has done nothing to try and remedy the problem- but we have asked our Lawyer (Teresa Morenilla  of Multiservice Bureau based at La Manga Club) to find out what she can -  Is anyone else using this lawyer and is anyone else considering taking legal action against the developer.

She has suggested we issue proceedings for the delay but is talking of substantial costs so we are reluctant to embark on such a course especially since she is unable to say whether we are likely to be successful ,and of course  if we lose we pay the developers costs as well !

In frustration we also have been considering instructing another lawyer(a firm of English solicitors in London who specialise in foreign property )but again do not relish the additional costs.

We would welcome any advice/information/ pooling of knowledge on this mess , which sems to be a regular occurrence in Spain,

We have not seen the Development since October last year but will be going out again just after Christmas for a few days so we will then hopefully see what if any progress has been made. 

Martin B.