Where does all the Garden Rubbish go?

We have bought on phase 2 and require a mortgage to complete the purchase. We have previously like others in the same situation, been offered the option of taking possession of our bungalow prior to them obtaining the Habitation Certificate provided we paid Trampolin additional monies upon which we would be provided with builders supply for water and electricity.We have stated to Trampolin from the onset that we would not pay any additional monies until this certificate had been obtained

Earlier this month we started to receive telephone calls from Trampolin requesting us to complete on the basis that the issue of certificates were imminent and that a bank will agree a loan without the certificate and a notary public will prepare and sign deed without the certificate. Our solicitor has now obtained from Trampolin a copy of the application which was made on the 23rd January 08.

We know that as clients we can delay signature of the deed until the certificate is issued however we are now receiving threats from Trampolin that they will cancel the contact. We are reliably informed that we that the only way Trampolin (The Vender) can cancel the contract with us is by way of a Notorial Letter which will not happen as we are protected by Spanish Law.

It appears that with no guarantee of when the certificate will be issued the Developer is facing a major cash flow problem.We would welcome hearing from any other purchasers who have received similar threats or are under similar pressure to complete without the certificate.

Hi,

We have been in this situation for over two years now, Probably as you, we paid 1/2 upfront, balance upon completion and deeds....hence no mortgage till we get the Escritura.. We bought on phase one and the house and pool have been completed for over 18 months...I am awaiting an update from my solicitor...I have not had any direct contact with El Trampolin for over a year with their solicitor Laura...I am ever hopeful of getting a call soon saying the deeds are ready...having said that I hve not ruled out court proceedings to reclaim my investment + interest loss so far...

when I hear any other news I will update..

regards,

shep

We havent had this call yet, but as we are in the same position, we might get it any time. I think we all should stick together and refuse to complete without the licence of first occupation. It is the only way you can legally get water and electricity and I'm sure that Trampolin wont want to provide you with any once you complete. Also, you might be able to get a bank to lend the money but it is not legal to rent or occupy a house without a L.F.O.

I was out a few weeks ago and thought the site looked a mess. The communal areas need to be completed before anyone should be expected to complete. The area infront of the commercial centre is no where near finished. It's full of building waste. More important, the snagging should all be completed. Is everyone happy with their snagging?

We are also phase 1 and have been told our deeds will be finished last. However, who knows what might happen. Looking at other local developmets, habitation certificates are taking many months to be actioned after the developer has applied.

Would be interested to know if anyone has yet completed and if they have obtained a mortgage?

Another unhappy customer!

I agree,

Can I ask how many more people you know of on phase One waiting for completion...

We are now getting numerouse telephone calls from Pilar and Marta asking us to sign for the deeds without the licence of first occupation.In addition they are also chasing our agent and solicitor.They are continuing thier threats that Trampolin will cancel the contract if we do not agree.We are doing everything in our power to be ready to complete quickly once the licence is obtained  by processing our application for a mortgage. However we are using a major spanish lender who stipulate that before a mortgage can be issued the licence must be in place and that it is of much  importance for our protection as them. Trampolin are of course suggesting alternative lenders who do not have this condition.

 The licences for this phase were ony applied for on the 23rd January 08 and who knows how long it will be before they are issued.

We are also buying on Trampoline Hills as if that matters to them,and are fast approaching the stage of considering not proceeding and taking whatever action required to recover our deposits and interest.

I agree with Jogary and Shepp that if we all refused to be intimidated and refused to complete without licences it might just give Trampolin food for thought.

Excellent post Starcrest, not too sure how I stand with having the electricity and water turned off by Trampolin after paying an a further installment 18 months ago to have full use of the house but we will wait and see. I would be interested to hear from anyone else who has the same problem

Trevor

Hi Everyone

We are on phase three & we paid some extra money to move in (which was June), we had lots of snagging to be done, our pool leaked & we had a big crack around the top, we also had damp in every room,etc, etc.... to date I would say that 95% of the snagging has been completed.

We also had threats from the office on Thurs 24th Jan, that we must go to Escitura on Mon 28th Jan, otherwise we would have our water & electric cut off.

I phoned my solicitor, as we had just planted the garden whilst we were there in Dec, telling her what was happening, she phoned the office & called me to say that all the paperwork was in order, except for the Habitacion licence.

She would have preffered that we waited until the habitation licence came through, but fully understood our position, having just planted the garden. She advised us that legally he could cut the electric & water off, as it was still his house & he was doing us a favour by letting us use the house & giving us electric & water free of charge.

So we took her advise & went to the Notary, in Murcia City on Fri 1st Feb, so the house is legally ours & he CANNOT, cut off our water & electric, as this has been written in the paperwork at the Notary, that until the habitation licence comes through, he has to provide us with water & electric, free of charge, which will take approx 3 mths.

In the meantime, my neighbour who has a key, went to check that everything was ok with the house, to find out that they had cut off the electric (which meant that my freezer had defrosted), so my solicitor telephoned them to put it back on, otherwise we would not go to Escitura on Fri.

In the mean time, she phoned us back to say that we might not be able to go to Escitura, as she has found a charge on the land on phase three, someone has taken Antonio to court & he hadn't paid his fine.

We had a phone call on Mon 28th to say that the charge had been lifted at 6pm, so everything was ok to go to Escitura on Fri!!!

So.... at long last, after all the stress we have all had, things seem to be moving in the right direction.

I look forward to hearing about some more completions in the near future!!