Jardine de Palomares

Hi, Just discovered this site. My legal advisors, Aldea, offered 4 options when they notifyed me, May 07, of the lack of First Occupation Licence. I optd for cancellation. I heard again from Aldea Advisors in Oct 07 saying that the builder would consider the application to cancel. In January this year I got an email from Aldea Advisors to tell me that the builder had not accepted the cancellation so I instructed Aldea Advisors to go the court route, they quoted me the cost would be 5%-10% of what I was claiming back. Paradore have just notified me that I can pay the last installment and travel to sign for my appartment. Penfold 

Have spent a couple of days 'lost in translation' , but now find our solicitors confirming very much what Penfold has stated.  What I have been able to clarify after muchas preguntas, is that if we go the court route the developer cannot sell the property 'out from under us' during that time without coming to an out of court agreement, but if the case went against us and we had to complete, then we would have to be prepared to get out there pdq or lose it.  Time scales for former or latter have not been clarified.

If the site had completed on time, in October 2006, would we still have the same reasons for pulling out then as we do now?  This is what I am asking myself.  My reasons are mainly, wrong exchange rate, dubious Spanish market, fragile English economy etc etc . . .. it seems like the answer to this is the crux of the matter.  If the licence was granted in 2006, I have no doubt that we, at least, would have completed and would not be re-analysing the reasons for the purchase as we are now.

Sure, the developer has had the deposit on ice for an extra 15 months, but he has also been servicing a mortgage on each property during that time as well as supplying water/electric to those living there and keeping the site nice in case we pop in.  Likewise, we have been deprived of the use (and potentially any rental income if that was the reason for purchase) but we have also avoided expenditure in the way of community fees and possible mortgage payments.

I hope this does not read as me being devil's advocate - I am just trying to look upon this neutrally and see if it stimulates any comments from those in a similar position to ourselves.

I know what you are saying...however, we were unable to complete in February 2007 and the builder did not abide by his side of the contract. 

Yes the builder has been servicing mortgages on these properties and yes we have lost a substantial loss of interest on money in our account and no property to show for it.  To me, this places us in a very good position to renegotiate the terms of the contract and get a better deal for our property in light of the exchange rate/current market value of property in the region. 

To complete under the terms of the contract, which the builder is hoping for is premature in my mind and renegotiation is a valid option at present - nothing ventured, nothing gained.

I have been speaking to someone from the same developement and he tells me he was offered his money back less 25% because the builder broke the contract. I was not offered this option by Aldea.

I have been given the name of a solicitor who is well aware of what is happening on Jardine de Palomares.

Hi

We too have been offered our money back less 25% - it is stated in the contract the if the purchaser withdraws from the purchase of the property prior to completion date (which is Sept 2006 + 6 months = Feb 07), you can do this but at a loss of 25% - equally if you are unable to complete the purchase due to delays out of your control - this should be reciprocal!

Our solicitor stated last week, the only way we will get the builder to renegotiate or return our money is through the Courts.

We, and several others, were already in the process of the court action, Sharon.  But in usual spanish time, this has taken so long that the granting of the Habitacion has come through, so weakening our position.  However our case still stands and awaits its day in Court apparently.

Today, I have heard rumours (and I stress they are rumours only as I haven't personally seen the article supposedly published in Costa Almeria news) about Hacienda del Marques III - same builder - which has had its licence rescinded and could be demolished.  Not sure where our deposit stands if the builder goes broke . . .

Has anyone heard of any legal problems with Jardine de Palomares.

Our solicitor has told us today that although the habitacion licence has been granted they are still in conversations with the town hall.

 The solicitor contacted us and gave us a date to complete, next week,  at the beginning of this month.However when, in my reply , I asked about the problem in Vera she said that they would contact the town hall  and get back to me.  I chased again on Monday (because as usual we had had no reply} and she said they were still waiting for a reply.

Her letter today told us that they will have something from the town hall on Monday but that we would need to come to Spain even if we didn't complete as we will need to sign a power of atorney to get our money back if there is a problem.

We would be grateful to hear from anyone who has  had any other news.

Kind Regards

BCK

I was asked to go to Spain 12months ago to sign the power of attorney. I did but when I came back I wrote to Aldea telling them NOT to sign anything without my written permission.

Just had THE letter from Parador Owners Club telling me that if I don't sign then the builder will re sell the property and I will not get any monies, that I have paid, back. They suggested I went through the courts via Aldea!

Hi

Just to keep you up to doate on our progress

We have received 2 of the 3 payments from the builder to date

We used Victor Martínez-Abarca Gibert  [victor@mamsolicitors.com] in Vera, 

PS  My solicitortold me today that the habitation license has now been awarded so completions are going ahead!

Good luck to you all

Jill

Hi Jill

Did you withdraw from the contract, losing 25% of your deposit?

Whilst habitation licences have been granted there is still a problem which is within the courts, trying to get clarification on what the problem is!

Sharon

Hi Jill

How far down the road to purchasing did you go before you decided to cancel?

Stuart

No

Our solicitor renegotiated a new contract where the builder took back the apartment and paid us back in 3 payments ( one on the date of signing the new contract) & we have received 2 of the 3 more or less on the dates agreed ( he would have to pay us in full if at any time during the payment dates he sold the property on to someone else.

The amont to be repaid was the exact amount we had paid to him!

Good luck with yours!

Bye

Jill

Hi

We actually went to Spain with the money to complete in November 2006, just as the lack of habitation & the contaminated Snail problem arose

We declined to complete because of this

Our solicitor advised us to agree to hand the apartment back to the builder with a new contract to repay us all money paid to him by us, we signed this contract end of Aug 2007.

Due to the delay not being the builders fault as he had applied for the habuitation license in July 06 we were worried about whether we would get our money back or not? Our solicitor advised us we would have more chance of getting all our money back with a watertight contract detailing the repayment terms even if we ended up taking him to court.

The first payment was paid at signature, 2nd almost on time & 3rd is due now

Jill

Hi

We are still awaiting our final payment, but was not subject to sale, although, if property sold before final payment date we were to be paid then!

We have received 2 of 3 payments so far

Bye for now

Jill

Hi Jill

I hope you don't think I am imposing on your privacy and please don't feel obliged to answer any points you feel uncomfortable with.

Is your final payment date overdue?  There are a number of purchasers who have expressed to the Buidler that we want to withdraw and even though a number of us have commenced court procedings to recover our money we are being thwarted with difficulties.

The builder will not enter into negotiations, promises he has made to some of us have fallen though and not materialised.  We are being told that it is unlikely we will recover any money without us losing 25% due to the fact that we are withdrawing from the contract - even though the licences were extremely overdue and could not complete at the specified time.

We are now being informed that there is a possibility if we take him to court we could still end up losing because the licences are now there, it doesn't matter that there has been any lengthy delays, which appears we just have to accept.

I am curious as to what circumstances you have been able to recover some of your money without incurring a penalty clause of 25% when no one else has been remotely successful here.  We are in receipt of a bank guarantee which should guarantee our money but we cannot even seem to action this!

Anything you can highlight will be much appreciated.

Sharon

Hi Sharon

We took the risk of taking our solicitors advice and cancelling the contract with the builder in August 07 & signing a new one which our solicitor said would stand up in court, more than if we remained on the original contract, due to the builder having applied for the Habitation licence in July 06, so not his fault that there was a delay, and he could end up being made bankrupt if the delay continued.

We could not find any bank guarantee, although we were advised there was one in place and no one on this website sent me a copy of theirs.

We were therefore unsure if we would get any of the money back so took our solicitors advice.

The builder has however paid the first 2 instalments, the last one is late, but according to our new contract he was to pay us before (or on) sale of the apartment if sold before the payment due date.

Hope we all get all our money back!

Bye for now

Jill

Hi

We have now received our full & final payment from the builder

Hope you all get your money back or complete & enjoy your holiday homes in Spain

Good luck to you all

Bye

Jill

Congratulatons Jill,you obviously had a very astute solictor working on your behalf. 

All the best

Sharon