Completion of phase II

Hello Vossi and welcome.

We were in Fuengirola from 16th to 23rd March.

We hoped to get into our apartment to inspect it because our lawyer (incorrectly in my opinion) advised us that the developer was beginning to allow inspection visits to the apartments on phase II in advance of the habitation license being issues "soon".

On Monday 17th we called at the developers office which was closed for the week of the Santa Semana Easter holiday. There was a notice on the door with contact telephone numbers. A workman came out of the office whilst we were there and he confirmed that they were decorating  the offices while they were empty.

I don't believe there is any need to be concerned or panic because the office was closed.

I hope this helps,

James

Hi jamesellisllb,

thank you for your prompt post. It sounds feasible to me. Semana Santa is a big holly festival for the Andalusians.

Have a good weekend.

Hi everyone,

   we are anxiously awaiting any developments in Phase 11.  If any has information we would love to hear from you.  We were so looking forward to spending the summer there but  now we are beginning to douby that  that will happen.  We are in bloque5.  We asked our solicitor to look into it for us but we heard nothing back.

Banco Halifax could not access registry details to do a valuation.  Eventually the developer told them that they would not give out details until the Licence had been granted.

rosegreen

Hi All

Anybody who has bought in phase II and can't sell and want to get their deposit back now is the time to it, but be quick because the permit is on it's way.

My lawyer has just successfully managed to get my deposit and costs back and the money has been paid into their account today this is fact not fiction!!

The wording you need to mention to all your lawyers is "the execution of your bank guarantee".

I hope this helps.

RICHIEMITCH

We asked our lawyer to look into the procedure for getting our deposit back. and this was his reply:

'The developer has been refusing to sign the Bank Guarantee since we pruchased in March 2006, and the same is happening to other clients who bought from former buyers. Our solicitor says they have presented a complaint  at the beginning of this year to the Consumers Office against the builders. Unforutnately the procedure takes some time and they do not expect to have it resolved before the develper has the First Occupation License. According to the Town Hall this is about to be issued. He also says that it is very unlikely that he will hear from the Consumers office accepting our complaint  before the license is granted.'

Cannot say how dissapointed we are not even to have the option of getting our deposit back due to us not being informed by our lawyer regarding the Bank guarantee, I'm not sure that we would have pursued the return of our deposit because we preferred to have our apartment.

Is Spanish law so different to English law that we do not seem to have any control over our purchase.

Hi Max

We have read about the problems with the buildings in Phase 1 and are extremely concerned that Phase 11 may have the same problems. We are buying an apartment in Block 5 which overlooks the railway so are concerned that we may also be living on the railway soon. Is it possible that we could have the details of the structural surveyor you are using in Phase 1 he may be able to allay our fears on the structure of our building. I have put this on the chitchat board as I think others may also be concerned.

regards

Marionjoyce

Today I recieved a mail from my lawyer, which again had recieved a mail from the developer, stating that the lawsuit seem to come to an end (I did not get info on what the outcome is). So now it's up to me (and you - if you care :o) to deciede whether or not to believe in this message.

We have been informed that the developer soon (whatever that means, no date's given) will be able to hand over, for your information, we were told the same in February. Anyway this is a sign that the developer is still alive

Another little suggestion from my side: Stop , I hope that you get the point.

See you when we get down there in July

Patsyb's post reminds me we should not forget about our future neighbours in Phase 2. I expect there is still a number of EOS members waiting patiently (or impatiently!) for completion. Having waited so long for phase 1 we know how you feel and we look forward to the day when we can welcome you as neighbours.

The issues we have with the developer, Town Hall and Gestagua need to be sorted out for your benefit as well as for ours. We want a fair and reasonable deal but fair and reasonable are 2 things Arrohabitatge are not. We hope the prospect of a big inflow of cash when they get their phase 2 licence will bring them to at least discuss the issues and hopefully agree a deal which gets them the licence and safeguards both communities. Be assured we will not hold up the process unnecessarily.