advice needed on my mortgage

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22 Nov 2007 12:00 AM by nkilshaw Star rating. 5 forum posts Send private message

Hi

We have been advised by our lawyer that Ros Y Falcon are pushing for us to complete on our apartment in phase 3, block 17 by Christmas.

We did visit Duquesa in October to view the apartment, however there was a mix up at their end for which they have apologised and we did not get to see inside.

We have arranged to fly out again in January, and do not want to complete until we have viewed. Does anybody have any experience / advice around this situation which may help us to delay??

Thanks

Natalie & Chris




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23 Nov 2007 3:27 AM by Pitby Star rating in Andalucía. 1904 forum posts Send private message

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From our point, we delayed some months before completing on our phase 2 apartment (as did friends of ours on their apartment) - mainly due to the fact our lawyer advised us to not to complete until after the new year (licence was issued in September and we completed in February) in order to avoid wealth tax.  Apparently, we were advised, you are liable to wealth tax for the year if you complete before year end.  If, indeed, we were advised correctly, then I'm surprised your lawyer hasn't said the same to you - unless the law has changed in the last year.

RyF are obviously eager to get apartments off their hands, but personally I wouldn't think delaying completion for a few weeks or a month until after the new year is going to make a lot of difference - unless, if course, it affects what THEY have to pay in tax or other fees.



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23 Nov 2007 11:05 AM by JC1 Star rating in Manchester and La Du.... 963 forum posts Send private message

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Natalie

I am sure that RYF want to shift your apartment asap but as they are responsible for the delays to date in building your apartment I think its only correct that you should only complete when you are ready . The Wealth tax is a good reason but let your lawyer advise RYF that you will be out in January to complete if, and only if ,you are satisfied with everything.



_______________________

Regards

 John

 


 

 



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24 Nov 2007 3:16 PM by SIMONE12 Star rating in DEVON. 23 forum posts Send private message

SIMON

Hi people im also getting pushed in completing in block 21 of phase 3!!! I have had a look at some recent photos from a fellow buyer in this block and to me it still looks like a building site! There is no way i will sign anyting untill everything is A1 especially as the completion date was set for Sept, i think they want me to put pen to paper before the 3 month deadline so that i cant pull out using breech of contract, theres no way i will sign untill im ready.




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24 Nov 2007 3:46 PM by Pitby Star rating in Andalucía. 1904 forum posts Send private message

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Hi Simon

Has the Habitation Licence been granted for block 21?   Can't recall seeing anywhere that it had and it would be great going if they had that, because it didn't look anywhere near completion from the photograph posted here taken on 6th November!!  (Posting date shows 2nd November, and picture no.989485, I believe, shows block 21 on the left hand side of the picture).

Who exactly is pressing you to complete? 


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24 Nov 2007 4:59 PM by SIMONE12 Star rating in DEVON. 23 forum posts Send private message

Hi Pitby, just viewed that photo!!!! They are having a Laugh. The problem is that my Lawyers are the people who are pushing me! There telling me that the Developer is going to send me notary summons to complete with a deadline and if i  do not they will proceed with cluase 4rd! INTRESTING! Luckinly for me i have spoke to Maria and she is going to advise me.

thanks Simon




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25 Nov 2007 2:46 PM by nkilshaw Star rating. 5 forum posts Send private message

Hi Simon

What is the 3 month deadline that you refer to?

We were originally told that the completion date was August 2007. As they are already 3 month's behind and it will be 4 months come Christmas, does anybody know where we / Ros Y Falcon stand legally?? I have read that people have pulled out because target dates had not been met....is this due to this 3 month deadline??

Chris & Natalie 




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25 Nov 2007 5:46 PM by Pitby Star rating in Andalucía. 1904 forum posts Send private message

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Basically,  what you have to consider is the fact that if the developer is more than three months late delivering the property (from the completion date specified in your contract) then they are at fault, not you!!  And the most important factor, you do not complete before the LFO (Occupation Licence) is issued by the local authority.  I would think that they cannot sue you, especially if they are late in delivering the apartment and, more importantly, not before the LFO is issued!  Especially in the current climate in the CDS, with many "bad" builds (without building licences, etc,.) have occurred in recent times.

If your lawyer is pressing you to complete without all documents in place and much later than your specified contractual completion date, then your lawyer should be replaced!!

So just make sure you have the LFO in place and that everything is to your satisfaction, then complete - and not before!!  Nobody can force you to do otherwise!!

In our personal experience, RyF didn't push at all to complete and most certainly didn't expect us to complete before the LFO had been granted.  If for some reason that has changed, then that's surprising.   They have always, from our experience, been most helpful.  Although, saying that, they obviously have a lot of apartments to move, so maybe they are cutting corners now!!  I would hope not!!



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26 Nov 2007 4:34 PM by manilvajl Star rating in Manilva as much as p.... 426 forum posts Send private message

Ask for a scanned or faxed copy of the LFO from your solicitor and check it, if you need help checking the Spanish email to me PM first for my email address and I will check it looks like mine. Jeff

_______________________

 Jeff



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