la condessa de mijas

I have taken both Banco Pastor, and the developers of La Condessa to court as they are well beyond the completion date. Even though I was "lucky" enough to have a bank guarantee, I still hav'nt had my deposit refunded. I have been told that even though a completion date has been well and truly missed, it is still not a reason recognised by Spanish Courts for a breach of contract!

Personally I find this situation absolutely unbeliveable, why bother having a quarantee that is usless, it just dos'nt seem to make sense. I am hoping that as the development is nearly ready, that I will get my money returned when the developer gets some more money in, but who knows?

Has anybody actually recived a refund from Majestic, or has any advice on what else I could do, I would be glad to hear from them?    Malcolm J

Hi Malcolm. J

Welcome to the club

3 Years late ,missing a 25 sq m2 garden. Paid for the Bank guarantee myself and the developer tells the Bank not to pay out ?

Courts are saying that delays are not the developers fault and that applies to the habitation licence delays as well.

STINKS

Dan

Hi Dan thanks for your reply, I have been told that a lot of buyers are sticking with the developer and carring on with purchasing. I just can't belive the logic of the Courts about the situation not being the fault of the developer! It certainly is'nt the buyers fault, I could understand maybe six months delay, but this is crazy.

I started procedings in July last year, I would have said that has given the developers every chance to complete, and I can't understand how the Bank can be told not to pay out, Surely, a contract is a contract. When did you start proceedings?

Malcolm J

Hi Malcolm J

Started in 2005 and informed that it will be 2009 before I get to court for first hearing.

If I win against either the developer or the Bank as I have to take them both to court ,they will appeal and that would add another year or so to proceedings

Now on a positive note the developer says he wants to settle out of court  Now the negative he has offered 10% of my deposit as full and final payment

Bank Guarantees in most cases are pretty worthless. The law regarding delays in completion and the fact that you should be entitled to your deposit back is a joke.

Habitation ,licences are worthless, as with planning it can be withdrawn.

If you loose the court case then you are supposed to complete on an illegal build even though its against the law  as yer not supposed to live in it and developers are back dating interest to where the courts say you should have completed.

Now you cant get a mortgage on illegal builds in the main so one may say many they have been shafted hence they are sticking with the developers ( as they may get to take up their mortgage )  Developers cant afford to repay deposits and if they go belly up you would loose the deposit anyway. A BIRD IN THE HAND  SOME MAY SAY? What a choice .

You say its not your fault,?The courts say its not the developers fault either.delays are normal and licences of occupation delays are the fault of councils.

When should you have completed? The other factor is back dated community fees as this issue is now raising its head as the development management companies are in debt

Spain is such a great place,shame about these minor issues that need sorting.

Dan

Hi Dan, thanks for the reply, there dosnt seem any end to it, does there?  The origional completion date should have been Dec '05, I must admit I didnt know anything about an illegal build at La Condessa, I was under the impression the origional developer had just run out of cash?

I dont think they can claim any community fee's from me as I have resolved the contract, however I've just reread the letter from my lawyers and it says" the developer will argue that the delay is due to extradorinary circumstances ( ie strikes, act of God, etc) If this is proven, you will not be entitled to resolve the contract and you will have to bear any the delay without any compensation" They also add that this court action could cost me up to 7,000 euros.

I really wanted to put some bad press about them in letters to magazines like Living In Spain, but I was advised against it! What do you think?   Malcolm J

Hi Malcolm J

As much you would like to post adverse statements it would be unwise and only prove more harmful to you and your development..

7,000 euros is alot of money to loose on solicitor and court fees and if you lost then I would assume you would have to pay the other sides fees as well.

Solicitors will tell you that you have a case as in law you may well have,however the law in Spain as you are finding stinks at times.

Would need to be sure of winning on this one bud or its good money after bad.and feel that it could come and bite you in yer arse.

You are not alone if that helps and if you are going legal ensure you have a recommended solicitor.

Dan

Hi Dan, yes have already started proceedings and paid out 2,800 euros up to now. I noticed on the Kyero site that people are starting to get thier MP's and Euro MP's to ask more and more questions about some of the situations that are happening in Spain. Like the land grabbing etc. Lets just hope that it might expand to include what is going on with some of these developers! 

Thanks again Mal

Hi Mal

If you want to vent anything then on The Spanish Property Insight Forum has a Problems, Problems section  with an ACTION THREAD started by Suzanne where issues you mention and a petition  is very active

She is a star gives excellent advice on these very matters  and many of us support her 100%..

You will team up with many many people with views you share.and will be of great benefit in guiding you through the maze.

All the very best wiv yer case

Dan