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30 Oct 2007 00:00 by avf Star rating. 12 forum posts Send private message

I have made mention on previous postings that we had bought and sold previously in Spain. Up to the fiasco with this development, I had always placed great faith in the Spanish legal system, sadly no longer. Many of you like me will have read the postings on the Las Alpujarras m/b and you could be asking why don't I just post there? Well I think the problems of El Zoco are a salutory lesson to anyone buying off plan in Spain, and before anyone comments, we do have a correct Spanish Contract, but with a clause that has been breached now.

We have written to Palmera Properties, they accept no responsibility. We have written to their legal dept. they accept no responsibility. We have written to the builder, we have had no reply. We have phoned the builder's lawyer, they have not returned our calls. So we then went down the final resort and sought the advice of a Spanish lawyer, namely the one recommended by this website.

We were told quite confidently after copying the lawyer with all the paperwork, that they, and I quote " have enough documentation for action and reimbursement of money plus interests" Excellent we thought, so we wrote back and asked how long it would take and how much? On 11/7/07 they told us that before starting court action they would contact the other parties to see if there is a possibility of an "an amicable settlement" out of court. We allowed several weeks to go by and having not heard anything we emailed again, and again, and again. In September we finally received an email. No attempt had been made to write to the other parties, and in fact we were simply sent an outline of the legal procedure and a request for 4000 euros (£2,800 at to-days rate) to fight the action.

Referring to the information I found and outlined in my previous posting, we can't even be confident the builder has assets enough to refund deposits, let alone start expensive action.

In reality, the Spanish lawyers won't even do so much as write a simple letter until we stupid Brits part with even more money. Don't they understand that many people have already spent a great deal of money to get to this sad stage. One would have thought that a simple effort to start the ball rolling could be made, without a demand for money, to at least give us some renewed confidence in the Spanish system.  

Reading in to-days press regarding the probable decision by the Spanish Government to provide billions of euros towards the cost of bulldozing hundreds of properties, many of whom will have been bought by Brits, then sadly the answer to my question above is a definite NO, and we will never, ever consider or recommend anyone to invest in Spain again

This message was last edited by avf on 10/30/2007.

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05 Nov 2007 23:17 by phes77 Star rating. 1 forum posts Send private message

Hi All, I believe I am in a similar situation to a lot of El Zoco buyers. I am currently having many problems in getting my deposit back. Nobody at my initial estate agents is accepting responsibility for the loss of my deposit, as are Palmera Properties, who do not accept responsibility either. The builder has also apparantly not been in touch with Palmera  for around 3 months. It has been recommended to me by Palmera Properties, that I seek legal representation- and so I was just wondering if anyone is in a similar situation, and what their next step was? Any information would be hugely appreciated. Many Thanks, Brenda

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02 Feb 2008 16:02 by Blighty Star rating. 13 forum posts Send private message

Only meeee.
> Sorry guys and gals for being off the scene for a while, other things
> on my plate and a general gloominess about all things Spanish. I don't
> return with any renewed vigour but have been hassling all and sundry
> and the trails just keep going cold. Not much news to report on PP
> website - though some action being taken (allegedly) against another
> (larger) developer. Our fella has gone awol. Not heard a pip from
> local authorities, other potential buyers etc. Interesting to note
> Costa Del Sol Action Group info (on their website etc.).
> It is hard to keep the faith when other buggers have kept your
> deposit. Not sure what to do, where to go etc.
> Cheers,
> Blighty

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28 Feb 2008 19:47 by Blighty Star rating. 13 forum posts Send private message

Latest on El Zoco Phase V;
Maybe you know, but part of Pueblo Arabe has been embargoed by the bank El Monte, now known as Cajasol. The one`s that have been taken over are the first twenty as you come into El Golco, they are the one`s that are finnished now. I am sorry I have given you this bad news, but I have heard this directly from the developers lawyer. The developer owes many people a lot of money and the other sixty could go the same way. Sorry to give you this news.What the bank does is to auction the apartments in block and any money already paid towards them does not count. I don`t know where and how this is done.apartments are auctioned all the time here. If somebody can`t pay their mortgage for example, or if the owner of an apartment is not paying is rates, community fees, etc...If the bank do this, they will sell to somebody else and all the money already given by other people is not taken into account. If there was a bank garantee there would be something, but this developer did not have one. I am not a lawyer, I am sure that a lawyer that knows about Spanish law could inform you in more detail.

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10 Mar 2008 14:43 by crap Star rating. 2 forum posts Send private message




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09 Jul 2008 20:06 by Blighty Star rating. 13 forum posts Send private message

Dear All,
It's been a while. 
I haven't gone anywhere or done anything but certainly Phase V is as
quiet as the proverbial church mouse! I, along no doubt with others,
have been given other options by PP so it is clearly not looking good
for El Zoco. In the current climate I don't see any advantage/benefit
in swapping my deposit elsewhere as if I went back into the market
(which I'm not) I could get something at a price reduced enough to
cover the potential deposit loss. 
Still can't get my head around why Pedro, the local council and others
with a vested interest etc. don't want this development finished off
because other residents are showing themselves well capable of taking
forward the post-occupation issues (earlier phases are testament to
It's been a good year for Spain (Euro 2008, Wimbledon etc.) but less
so on the property market. Though I still love the place and never
wanted more than somewhere to enjoy the area, folk, cuisine, climate

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Previous Threads

Deeds of sale signed in the presence of a non Spanish Notary - 2 posts
EOS Learn Spanish ebook - 0 posts
Spanish SIP card - 3 posts
Ficticious completions and utilities supply - 5 posts
Not what but where? - 4 posts
Conversations with PP - 3 posts
swimming pool size - 2 posts
why would they do this ? - 1 posts
Looking fro long term rental - 3 posts
ikea malaga - 1 posts
Secluded villa wanted for photo shoot....... - 1 posts
Xmas dinner - 1 posts
Progress - 3 posts

6 posts were found:

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