First occupation licence

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17 Jan 2008 00:00 by cassie12 Star rating. 2 posts Send private message

We have bought an appartment in Samara Resort,Marbella.Completion time was August 30th '07 but has been moved several times and was supposed to be January 15th'08.Now we have been notified that due to the back-log of occupation licences from Marbella Town Hall this could now be a period of 2-5 months and possibly longer because the developers have no control over this.We do have a Bank Guarantee with this purchase and the developers have offered some kind of reward or compensation for the delay but we dont know exactly what at this time.Can we claim back our deposit at this stage without any court action involved?



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17 Jan 2008 18:31 by tmolyneux Star rating. 2 posts Send private message

Is your resort los lagos?



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17 Jan 2008 18:37 by freya Star rating. 11 posts Send private message

Hello, no you csn´t- The promoter will assure to you that they have the final certificate of the works from the architect and the construction is finished. Strictly since the term for completion expired they are in break of contract, only exceptionally, and the delay in getting the inhabitance license is not one, the dealy could not be consider as a break of contract.

The best option you have is your bank guarantee, just execute it. Request the bank to pay you money bank.

As a solicitor I would recommend to you the fllowing:

- Made a notarial notification declaring the are in break of contract and you consider the contract finished.

- Notice the bank to pay the guarantee, normally they will make the payment because if yout take the guarantee in Court the costs are high.





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17 Jan 2008 18:39 by freya Star rating. 11 posts Send private message

SORRY FOR THE MISTAKES, OBVIOUSLY I AM SPANISH.



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17 Jan 2008 18:44 by cassie12 Star rating. 2 posts Send private message

Thank-you for your quick reply.Your english is much better than our Spanish!!!

If we execute the bank guarantee,can you get your deposit back quickly?





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17 Jan 2008 19:40 by freya Star rating. 11 posts Send private message

Yes, normally this is the fastest way to get the money bank

 





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18 Jan 2008 20:55 by Tish Star rating in Surrey. 833 posts Send private message

Cassie asked:

If we execute the bank guarantee,can you get your deposit back quickly?

The answer to this is a resounding   NO. It will take at least a year, maybe longer. The Courts are clogged up with people trying to get deposits back because of delays, no LFO, etc etc. Our apartment was never built and it took us 15 months and two Court cases to get our money back...and we had a Bank Guarantee, and an excellent lawyer.





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19 Jan 2008 08:36 by laflauta Star rating. 99 posts Send private message

I had my deposit back,  from my bank guarantee with interest, but not including the IVA, which took about three months. We did not have to go to court so this might be different and also it would depend on your contract. It was not Los Lagos.



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19 Jan 2008 10:05 by morerosado Star rating in Guardamar del Segura.... 6927 posts Send private message

morerosado´s avatar

Maria de Castro, a lawyer who advises & works for members on this & other Spanish forums, has advised on this many times in EOS threads.

You can contact her here.....

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es



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20 Jan 2008 20:09 by Just Dan Star rating. 440 posts Send private message

 

4 years trying to get my money back on the bank guarantee even though part on the property is missing,

Have been told that I will be lucky yo get a court case in 2008 confirms what Tish is saying that its no easy solution anf getting worse as time goes on

Dan




This message was last edited by Just Dan on 2/1/2008.

This message was last edited by Just Dan on 2/1/2008.



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01 Feb 2008 19:03 by freya Star rating. 11 posts Send private message

It sounds quite strange for me. If you have a correct bank guarantee the bank normally will pay, and not slowly. Not only with the bank guarantee in relation with new constructions but in general for any bank guarantee if it has been properly prepared the bank will pay, not for other reason but just because they have the necessary guarantees from the promoter.





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01 Feb 2008 19:18 by morerosado Star rating in Guardamar del Segura.... 6927 posts Send private message

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Dan, as I had said ...

Maria de Castro, a lawyer who advises & works for members on this & other Spanish forums, has advised on this many times in EOS threads.

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

Email her on mldecastro@costaluzlawyers.es     or    marialuisa@costaluzlawyers.es



_______________________

PLEASE SUPPORT  http://www.galgosdelsol.org/ 

 

 

 

 

 

 




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01 Feb 2008 19:40 by Just Dan Star rating. 440 posts Send private message

 

Hi

Yep I remember what you posted  thank you (they wil still say no) and the courts will still take years in many cases to even set a hearig and thats the problem.

May well win in the end ( then hey woud appeal ,)if anyone can tell me when that will be then that really would be of great help.

Reality is that the banks simply cannot start paying out on a falling property market nd will rely on people running out of money on legal fees.giving up and wailking away..

Most developers appear to be in the finacial mire and even the best solicitors appear helpless to be in a postion to fight as cases are increasing at a far higher rate than can be dealt with by the courts.

Thanks again for taking the time to try to point me in the rght direction its appreciated.

Dan

 

 

Dan

 





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01 Feb 2008 22:39 by morerosado Star rating in Guardamar del Segura.... 6927 posts Send private message

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Dan

Contact Maria or not, it's your choice. She has got deposits back for many in short time.



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02 Feb 2008 09:33 by mariadecastro Star rating in Algeciras (Cadiz). 9330 posts Send private message

Legal Questions? Speak to Maria Direct
If Bank

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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02 Feb 2008 09:36 by mariadecastro Star rating in Algeciras (Cadiz). 9330 posts Send private message

Legal Questions? Speak to Maria Direct

Dan:

FReya is right. A bank gurarantee is an executive title for refunding with no discussion. Make a strong press before the Bank with legal arguments and if not, start an executive judicial procedure, which is faster and more effective that the usual litigations when no FOL is in place.

For you to rest a little: at least you have a Bank Guarantee: those are excellent news!

Maria




This message was last edited by mariadecastro on 2/2/2008.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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02 Feb 2008 10:04 by Just Dan Star rating. 440 posts Send private message

 

Hi

I really appreciate the time you have taken

Yes I have a 100% Bank Guarantee which I paid extra for on La Reserva de Marbella in or around 2002/3

It is supposed to have a 25sq m2 garden from the terrace which it does not have.

It does not have an occupancy licence and the architect refuses to sigh it off as there are issues the legality of the whole block

The Bank first said we had a claim now the say we havent ( it once looked like it would all be sorted in a few months)

A lovely lady on the other forum has a similar problem on the same block although she does have a garden,

She has made it to court against the devloper but everything stopped and  if she wins it seems like the developer will appeal and it just goes on

The courts appear to be on the side of the developer and accepts that months delay with a cement supply problem is good enough reason for a 2 year delay.

Pennaroya have never pressed for me to complete and everthing is in limbo with the litigation lawyer telling my soilcitor that I will be lucky to get a hearing in 2008

No matter how good your solicitor  is it seems that the law is and can be messed with to suit.

Two cases going to court with  the same case and totally different outcomes.

Thats it in a nutshell

Dan

 

I





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02 Feb 2008 12:45 by morerosado Star rating in Guardamar del Segura.... 6927 posts Send private message

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Dan, these developers haven't contended with our Maria though.  

Trust in her. You aren't doing too well to date as you say.

Don't despair. We feel for you & others in these situations.



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PLEASE SUPPORT  http://www.galgosdelsol.org/ 

 

 

 

 

 

 




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02 Feb 2008 13:22 by Just Dan Star rating. 440 posts Send private message

 

Hi

Think that this is the first time that I have a posting from someone genuine.

Many thanks to you as it has given me a reason to keep posting.

Lots and lots of experience regarding Spain and have helped many however its a fool that thinks they have all the answers and the forums should be a central point to ask or give advice according to each situation.

Rather to many with self interests so great to meet someone with no hang ups.

Thanks Again

Dan





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02 Feb 2008 17:05 by mariadecastro Star rating in Algeciras (Cadiz). 9330 posts Send private message

Legal Questions? Speak to Maria Direct

Again, strongly ask the Bank to honour the Bank Guarantee and if not, start a judicial action against the Bank. That is a fast judicial action, not the declarative ones against developers for breach of contract but an execution of the title before the Courts, For you to see how much you already have is like if you already had a Court Decission in your favour.

Maria.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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