Don Juan III

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08 Feb 2008 00:00 by patsyb Star rating. 22 forum posts Send private message

 

Has anyone got any info about the progress (or otherwise) of Don Juan III.  We were out there last May and building had stopped then.  As far as we know it still hasn't commenced.  Perhaps those of you who are now living in Don Juan can keep us informed of any developments and whether you have heard anything.  We have had no information from our lawyers recently and thought it may be useful to find out what we can from those who can see first hand what is happening.

 

Regards Teddy




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09 Feb 2008 03:37 by max! Star rating in Fuengirola. 944 forum posts Send private message

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Hi Teddy,
Welcome to this forum.
 
There are no hard facts available about DJ III, only rumours. The most stubborn gossip is that the town hall withdraw the license to build when they discovered that there were more apartments being build than the original license permitted.
 
There is no way for me to confirm or deny this. The only hard fact we have is that there is still no work going on although the actual building company (not the promoter) claimed a few months ago that they would resume activitiy in January.
 
Your lawyer ought to be able to provide you with more solid information. Press them and if you hear anything please post it here.



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12 Feb 2008 13:02 by patsyb Star rating. 22 forum posts Send private message

Hi Max,  Thanks for replying.  We are going to contact our lawyer and as and when  we get any information we certainly will post it here.
Teddy


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15 Feb 2008 20:58 by max! Star rating in Fuengirola. 944 forum posts Send private message

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Hi Patsy (and other DJ III buyers)
According to normally reliable sources construction will resume next monday. Apparently they settled their problems with the townhall.



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15 Feb 2008 21:38 by patsyb Star rating. 22 forum posts Send private message

Hi Max,  Thanks for that information.  We actually just heard from our lawyers today and they too said work should be starting next week.  I'll believe it when it happens as we have been told similar things before.  We would be grateful if you can let us know when work  actually does start.  

Kind regards Patsy/Teddy




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13 Mar 2008 11:55 by davmunster Star rating in Carvajal\Belfast. 840 forum posts Send private message

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Hi Tony & Sue,

I am not sure any of us can advise you what to do. When we bought in Don Juan 1 it was new to us to. In spite of all the problems we are very happy with our purchase. We love the apartment and we’ve got some really good neighbours who we already regard as friends. We also like “Carvajal Village”. It is not as commercialised as the rest of Fuengirola. However no one knows how long the problems with Phase 3 will take to resolve. The downturn in the market may mean the developer is happy doing nothing at the moment.

I spoke to a solicitor last week who had numerous clients with property that was causing them financial stress and who would accept 15-20% less than what the property cost for a quick sale. There will be some who must sell and the discount for a quick sale will be even higher so you will be able to find an alternative if that is what you want to do. There are also apartments in Phase 1 and 2 for sale if you like Don Juan but don’t want to wait for phase 3. The developer may even have some which would make getting your deposit back on Phase 3 easier. If you decide to wait for Phase 3 there are apartments in Phase 1 To Let so you can get to know Don Juan and the area while you wait for your own place.

_______________________

David




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27 Mar 2008 14:16 by tonydow Star rating. 12 forum posts Send private message

Hi all

Is there any sign of builders this week. We met with our lawyer last week whilst in spain and he assured us the problems with the land and the railway were now sorted and the builders would start work again this week.

He also said the developer planned for them to work around the clock to make certain phase three was ready for the expected date of Nov 2008.

Not feeling very optimistic so far!




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27 Mar 2008 17:38 by patsyb Star rating. 22 forum posts Send private message

Hi Tony,

I too would be interested to know if building work has started - but we have heard this so many times before!!   However, in regard to the completion date still being November 2008 - we were told by our lawyers back in September that it seems the completion date was now delayed by three months i.e. February 2009.   As it is now March and still no work has been done since last May (10 months) I find it hard to understand how they can possibly say they will complete in November.  As for 'working around the clock' - well once again last year we were told they were going to get extra workers on it to complete it and nothing happened.

 

 




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28 Mar 2008 00:04 by westport Star rating in London & Co.Mayo Ire.... 500 forum posts Send private message

Hi Tony & Patsy

Sorry to disappoint you, but I was there for 10 days during March, and there were still no builders on site on phase 3, and the railway road has had the potholes filled in but its still a dirt track. If you ask me, I think you will be lucky to get a handover in Spring of 2009. Thats if they get the licence.

Westport




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28 Mar 2008 19:39 by RICHIEMITCH Star rating. 3 forum posts Send private message

Hi all

Unfortunately i've purchased in phase II and it's quite clear that these developers wouldn't know the truth if it hit them in the face.  There is problems with phase II habitation licence and until this is sorted i don't think there will be any movement in phase III.

My lawyers are now in the process of reclaiming my deposit and costs, this is now possible as this development is so far behind schedule. It doesn't look like the habitation licence is going to arrive in the few weeks.

We have two other properties along the coast so we know how this system works.

Sorry to be a bearer of bad news for anyone thats bought in phase III but if i was you i'd be speaking to your lawyer to see if there is a way out of the contract at this early stage.

With all the great resale apartments for sale along this coast there are far better options out there than the Don Juan devlopment even though it is in a great location.

RICHIEMITCH

 




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30 Mar 2008 14:35 by patsyb Star rating. 22 forum posts Send private message

Hi Ritchiemitch and all Don Juan Purchasers,

Thanks Ritchiemitch for your comments.  How delayed is Phase II?  The reason I ask is that  we have contacted our Lawyers to test the water with regard to pulling out and were told  a 3 month delay is built into the contract so until they admit they wont finish until later than February 2009 they are covered .  More importantly, we have been told that there could be a problem with the Bank Guarantee, in asmuch as the Bank Guarantee is subject to Certificate of End of Works and not to Inhabitation Permit which they say is illegal!!  This implies that if they get  Certificate of Completion even if they do not get the Inhabitation Permit then the Bank Guarantee would not be able to be used!   They say they have been looking at this Bank Guarantee for some time but did not want to do anything until work commences as they can't afford to lose the Bank Guarantee they have until they can get it amended  - they said it was better than nothing!!!  I can't say I understand that myself but we are talking about the Spanish Law?!  I am no lawyer but would have assumed that all people buying in Phase III are covered by the same Bank Guarantee, perhaps even Phase I and Phase II - I don't know.  So I would be very interested to hear from anyone who can shed any more light on this subject and also anyone who is going down this path and how they are getting on. 

Good luck Ritchiemitch and please keep us informed of progress.




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09 Apr 2008 11:30 by Firefighter Star rating. 17 forum posts Send private message

Hi everyone,

This is my first e-mail to this forum.  I have been reading with interest about the phase 3 development as i bought through ADH and have found great difficulty in keeping touch with who is dealing with my case as they have so many people leaving including the one who originally got my wife and i to sign on the dotted line.  Also the lawyers they use have been giving me information they would like me to hear rather than the truth so i have sought the help of 2 different ones in Madrid.

It appears you have a very efficient line of comunication going on and i am impressed with the warm friendly way the queries are dealt with.  I wish i could be part of your community, but unfortunately i was one of those tricked into purchasing a property ,for the purposes of making a little profit, so that we would have enough to buy ourselves a dream home in Spain. We are not wealthy, we are just an ordinary working class couple. We apologise now if we offend any of you who have greater pressing issues and have bought to live in this complex.

Can anyone shed light on whether or not building work has commenced on phase 3.  Its a nightmare being on the outside not knowing whether or not the truth is being told.

Many many thanks

        




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09 Apr 2008 11:40 by max! Star rating in Fuengirola. 944 forum posts Send private message

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Unfortunately no work is being carried out on phase III. As far as I know the problems with the license are not solved yet.
And Firefighter feel free to ask your questions; it doesn't matter what motive you had to buy here, what matters is that we all have to deal with the promoter from hell....



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01 May 2008 21:33 by tonydow Star rating. 12 forum posts Send private message

Hi everyone

 

Any sign of the builders on phase lll yet? It is now 5 weeks since our lawyer told us building was due to reume the following week !

 

Regards Tony and Sue




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02 May 2008 14:44 by max! Star rating in Fuengirola. 944 forum posts Send private message

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Sorry,but no activity at all.
Max



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02 May 2008 17:15 by patsyb Star rating. 22 forum posts Send private message

 

We have heard from our lawyer who says that the problems at court (whatever they were) are actually sorted already, but the Town Hall does not want to give the restart order until they get written communication from Court and although it seems to be something imminent, it has not happened yet!

Patsyb




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08 May 2008 11:25 by Choco Star rating in Yorkshire, England. 7 forum posts Send private message

Hi,   Does anyone know if it is possible to pull out of phase 3 at this stage?  How do we stand legally?  We bought a ground floor apartment in November 2006 from ADH and was told completion would be November 2009, the problem we have like the rest of you is if it isn't finished in time are you suppose to just wait and wait until the developers decide to finish, or is they something we could all do together.  Thanks for any advice.  Claire


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08 May 2008 13:11 by max! Star rating in Fuengirola. 944 forum posts Send private message

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As far as I know you can pull out three months after the official date in your contract. It seems you have different terms as I read Feb 2009 and November 2009 as well.
I know one guy who pulled out of DJ I and succeeded to get most of his money back. The only struggle is about the 6000E initial deposit which is not covered by a bank guarantee. ADH points to the developer and the developers points to ADH. They finally offered him 4000E. This guy declined and decided to go to court to get the full 6000E.



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08 May 2008 18:23 by Firefighter Star rating. 17 forum posts Send private message

Hi,

Just reading the comments about the final date for completion on Don Juan 111.  Don't you guys mean November 2008, with three months allowance to Feb 2009.




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08 May 2008 20:01 by patsyb Star rating. 22 forum posts Send private message

Hi Choco,

I too think you must mean November 2008 completion date not 2009.   As mentioned in a previous posting, there is a 3 month period of grace taking you to February 2009.  In fact our Lawyer has just informed us that even then it will not be that straightfoward - surprise surprise!! They say it is very complex and depends on the delay reasons as well as the length of delay and in this case it is not clear that the developers are 100% responsible for the delays as the Town Hall had a lot to do with it.  We have also been told that if the work is finished by March 2009 we will not have any possibility whatsoever to cancel.  Another problem has also come to light about the Bank Guarantee (see my previous posting for the other problem).  Now it seems that in order to execute our  Bank Guarantee we have to wait until June 2009 as that is the way it has been worded on the Bank Guarantee!  So effectively if works are not finished by June 2009 we may have a chance to get our monies back then.  As you can imagine we are not at all happy and will be contacting our Lawyer.  As I said before I don't know whether we all have the same Bank Guarantee in Phase III but I would suggest you speak to your Lawyer and see what they have to say about it all.

Let us know how you get on as I know it helps to know that there are others in the same position.

Regards Patsy




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