Don Juan III

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

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

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.

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!

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.

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

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

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.

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

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

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

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.

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