Christmas quiz - ho ho ho

Is anybody else unhappy with the delay on the El Balcon de Alcaucin. 

Hi

We are also concerned by the delay with El Balcon. We have been informed that the delay was due to the re examination of building licences in the region by the de Junta Andalusia. The developer decided to delay, until the licence was confirmed and now we hope as I'm sure you do, that the development will complete in May 2009.

We were intially concerned as we were not being given sufficient information, we are montioring the situation as best we can, but the situation is not ideal.

What information have you been given?

Great to here from another purchaser.

We have also been advised May 09 although our undertanding is a few months after that for paperwork ,  deeds etc to be received from Malaga, we think!

We also have concerns not just with developer but solicitor doesn't seem to communicate unless contacted and should have done more. H20 (who we bought through) have closed Torre de Mar office.

As the guarantee runs out in May 08 we are 90% sure we are going to withdraw and request funds back.  After pressure on solicitor he has advised us of that process.

It seems since a number of purchasers were loosing patience communication has improved but we are unhappy with the nominal amount offered by developer for the delay. We also believe we are not on our own wishing to withdraw.

Another couple have been intouch through this forum and seem to be quite happy.

Hello

We are wondering whether or not to go ahead with the purchase of an apartment in El Balcon.

We were very concerened with the delay, and lack of communication.  When we inquired about getting our money back, we eventually got information from the solicitors.   However, we are still waiting to hear whether we would lose any money by withdrawing.   We feel this would be unfair as we have honoured our part of the contract to date. 

Also, we've been told that we will have to sign a new contract if we decide to go ahead with the purchase as the old contract gives the completion date as May 08. 

These are the reasons why we are unsure as to whether to proceed with the purchase or not. 

Has anyone else heard anything about this?

 

 

Hi

For the same reasons as yourself we are withdrawing. We will have solicitor costs but  we feel all trust and honesty with the developer Massa/H20 and the solicitor has gone.

We put a deposit down in Nov 05 and we feel enough is enough.

Make sure you have a copy of your contract and bank guarantee.

I am aware of one other withdrawal and another couple who are happy to continue.

You must make a decision soon as the solicitor is contacting the developer next week as part of the first stage.   

Hello

Thanks for the information. 

My husband and I will have to do some talking and decide once and for all what we're going to do.  We have no confidence in the builder, and feel the extended deadline will probably still not be met.  Plus H2O have not been of any use in terms of support since we agreed to the purchase.  As for the solicitor, I don't know what to think.

Just out of interest, are you sticking to the same solicitor you were using for the purchase to get your money back?

Thanks again.

Raine Williams

Hi There,

 

We are starting the process to withdraw from this, i have informed the solicitors - how are you getting on with them?

Best Wishes,

 

Julie

Hi Forseys,

 

I cannot read your PM yet - as i am new they have restricted access on my PM's. I have requested authorisation but heard nothing yet, i don't want you to think i am being rude by not replying!!

 

Jules x

Hi Everyone

I have already been in contact with some buyers on this forum re El Balcon, but I would like to hear from anyone else who has concerns regarding the delay in this development.

Could anyone who has information, concerns or otherwise regarding this development please contact me, or post a reply on this forum, I would love to hear from other buyers about your situation.

Regards

We have also bought in El Balcon De Alcaucin, and are currently renting a house over here until completion. We bought through Medsea and have had no communication from them at all, unless we call them.
We can actually see the property from our rented house and have been here for over 5 weeks, there has been no work done on them at all, also there are only two blocks up at the moment, which are only shells.
We have heard conflicting information from some mof the locals here, saying there is a problem with the road and others say there is subsidence due to a stream running below. We have also not received our bank guarantees from the builders. Please can anyone share with us any information they have regarding the situation and if we can pull out.

I have been trying for some time to get answers in relation to the above development. Two weeks ago Masa confirmed verbally that the development was going ahead and that Peninsula would communicate with buyers late August. To date nothing has happened.Has anyone been successful in getting back their deposit.

grahamm  

Just to let evryone know, myself and Grant went down to Peninsula in Marbella 2 weeks ago and spoke to a lady called Sharon Hitchcock re El Balcon De Alcaucin. She spent an hour and a half with us trying to answer our questions. She told us they were trying to arrange a meeting with the builders re the delay, i have just called her now to see how the meeting went and she informed me that they have not responded to her request. She has now said that she will email me the developers solicitors email etc and that she feels maybe if the buyers contact them re the delay that we might get a better response. I feel that Peninsula are just passing the buck after all they are the promoters and should be doing this and not us, but i think we should give it a try. When i get the details i will post them on the site for everyone.
When we were down at Peninsula we were given a letter from the developer stating in order to compensate us for the delay they will proceed, upon signature of Public Title Deed, to deduct from the final payment any amount of interest incurred by the delay on the amounts of the stage payments made during construction, this letter is dated 14th of January 2008. I am just wondering if anyone else received a letter like this? Also we were never given our bank guarantee as Medsea said they were lost in the post, but we were able to obtain a copy from Peninsula.
In answer to the questions we asked Sharon she said the delay is because of the Alcaucin Town Hall regarding the  road, something to do with the villagers wanting to be able to have access to this road as it is in their town centre so to speak. When we purchased the porperty we were led to believe it would be gated community so maybe this is why there is a delay until they get this sorted with the town hall, but it is all hear say at the moment. We have also visited the site and the developer has pulled everything off site and all that is left are the cranes. We are actually able to see the developement from the house we are renting at the moment and will keep everyone informed as soon as we can see movement, other than that, that is all the information we have been able to get at the moment.

Sharon used to work for H20 ring any bells! 

The writing is on the wall - will the development be completed - is the developer going into liquidation !!

Has everybody had support and excellent communication from H20/Masa, C&K and Peninsula!

Move on and quickly!!

 

 

HI all,

I am a fellow purchaser who bought in October 2006 (via Medsea when they had their office open in Almunacer). I found this forum a few weeks ago when l "googling" for any info about the delays since my wife and I got the letter from Peninsula in January about the delay and then an email from Medsea in April saying the likely new completion date was to be March 2009. They also promised the new bank guarantees shortly thereafter, but we received nothing since.

Anyway, when I read your postings I contacted Medsea in a slightly more assertive tone and the result was that (whether it was coincidence or not) our Laywer (Lexur Abogados from Granada, whom we also got via Medsea) sent a letter to Malaga Haendel S.L (who were the original developers on our contract) indicating that if we received no satisfactory response within 20 days we would be liable to take further action. The letter had several other buyers listed since presumably he works for a number of the Medsea purchasers. I don't know if any of you have had this response (or similar).

Now that the 20 days are up I intend to contact the Lawyer directly. We are not "desparate" to pull out since we liked the location and have friends in the area, but if we are going to get continual delays and broken promises then we are of a mind to pull out and take our money elsewhere.

Any info anyone else has had recently would be welcome. I will let you know how I get on with my enquiries.

Richard Foley

My husband and I bought an apartment in El Balcon in December 2005.  We have also been told by Medsea that the development will now be completed by March 2009.  However, we have since been in contact with our lawyer who has requested all documentation we have received from the Developers and Medsea, including anything we have signed.  The Lawyer has stated that he is concerned with the situation and is pursuing further, however, wants to ensure we are covered should anything go wrong with the development.  Unfortunately we have still not received the Bank Guarantees, however, in the most recent letter from Peninsula it did mention that our monies paid to date have been insured by reputable companies.  Once I hear anything else from the Lawyer I will let you know.

Regards, Julie

Hi, has anyone had any more news re Alcaucin !!!!!!

We have not heard anything more from our Estate Agent or the Lawyer, as the Developer is not responding to them as far as we can tell.  Our Lawyer is advising us to pull out and to get out money back.  We are currently considering our options.

Our original contract expired and we were asked to renew it. Having discussed this with our lawyer we visited the site in April and were extremely disappointed with the progress. We had placed a deposit early April 2006 & were told it would be a 2 year build with occupation in June 2008.

We asked our lawyer to advise cancellation which was within the terms of our contract. Like others H20 told us that if it was not completed in 2 years we could cancell & would be given double our deposit because of breach of contract.

However, the builder does not wish to cancel our contract & we have asked our lawyer to take this matter further. It was placed with the court by 4th August this year & we are now waiting. We understand the process takes approx 7 months.

We visited Spain during August and feel sure we have made the right decision.

Nothing apprears to have been done since April, no one was on site & it looked abandonned & derelict.

We were supposed to get photos everything months with an update of progress, H20 failed in this and advising of the situation as it developed. All their assurances & guarantees now seem to be worthless.

Today we received a recorded delivery letter from Peninsula.

Peninsula had a meeting with the developer and their lawyers in September, a promised communication to update clients has not been forthcoming - hence the letter. 

They have advised it is unlikely the developement will move forward and will contact shortly in order to discuss options!!!

 

 

Hi,   Thanks for letting me know, I hadn't heard anything even though Peninsula were supposed to be keeping us updated since H2o (MASA) offices moved.

Have sent details to our lawyer who visited the court this last week, where he was informed that we should hear something from the court in the next week.

If anything changes I will let you know. Janet