| The Comments |
Hi locins,
Check your reservation contract and see what is says under property description.
Also ckeck the Compra venta to see what it list under the description.
If this just states floor 2 then you are in trouble if it states top floor then you will have a case.
Check the plans in the back of the Compra Venta and see if there is front view or artist impresion of the block that you have chosen,as well of being made aware verbally there must be plans that you were shown?
Unfortunately this is another case of the builder trying to get away with something and the agent taking their eye off the ball,or usually in the case of the bigger agents never having their eye on it.
i am always glad to help if i can as we need to get these things out in the open
Regards
GEORGIA
_______________________
www.taylorlandandpropertygroup.co.uk
still here after all these years!
0
Like
|
Hi Yes it was a mistake I should have said I wouldnt pay an extra 32000,not when I have already paid for a " penthouse "
lets hope its good news for you on monday
_______________________
karren
0
Like
|
Hi Georgia
Yes I did research for a long time before actually buying our property. learnt the difference between bungalows being houses and maisonettes also being houses etc. However I still did not see any ground floor or first floor apartments being advertised or sold as penthouses. I really am struggling to understand this blatant lie (from whoever promised it, not you I hasten to add) that a penthouse can be anything other than a penthouse. I understand that there is no pma in Spain but that is misdescription to the extreme. What can we do to help June? As there is no NAEA in Spain, or so I'm told, surely there must be some sort of governing body to go to? Georgia get your thinking cap on. MRI is a high profile company on the TV so there must be somewhere to get help.
June
Georgia is right, check out the plans you have been given. Should be floor plans with the apartment layout as well as the solarium that would have been signed by you and the builder so maybe a start. We actually stood in ours as a shell so knew exactly what we had but surely off plan works the same way? It does over here, but as Georgia points out it seems to be a different ball game in Spain. There must have been floor plans or am I wrong? As for the 32,000 euros for what you should be having in the first place, whoever has made this huge mistake then they should be made to cough up the extra as compensation. keep us posted june.
Kind regards
Gina
This message was last edited by Candyfloss on 5/4/2007.
0
Like
|
Hi Folks
Sorry for late response but we have been away for the weekend and just arrived back this evening so a quick reply before I head off to bed.
Thank you all for your support which is very much appreciated and very kind of you. It is great knowing there are so many people willing to listen and help as much as they can.
The description on the reservation contract says Penthouse but all reference on the Compra Venda is by apartment number only. The 'layout plan, and key features of the housing unit ' on the compra is unfortunately a blank page - or was this left blank deliberately, makes you wonder.
We will wait and see how we get on tomorrow when lawyer gets back in touch, meanwhile am going thru compra venda with a fine tooth comb.
Will keep you informed hopefully with some better news.
Goodnight
June
_______________________
A fine is a tax for doing wrong. A tax is a fine for doing well.
0
Like
|
Hi Locins,
Just been reading all your problems, this is outrageous!
We too bought a "penthouse" and it is exactly that.
I can't believe the builder can change the goal posts.
The definition of a penthouse is: (via a Google search)
Top floor apartment with one or more terraces. The overlying roof may be of private or common use, but must be unbuilt. The main attraction of a penthouse, beside the terrace, is to have complete privacy from any overhead disturbance.
www.62582.com/glossary.asp
I do hope you get this sorted, I really feel for you................
Kind regards,
_______________________
FibbyUK
One off fee to pay your own La Renta tax (210 Form)
Check out my website:
http://www.payingtaxesinspain210form.pwp.blueyonder.co.uk/
0
Like
|
Hi Fibby
Thank you for your support and yes we totally agree with you this is outrageous and how can the builder expect anyone to accept an offer of paying ssoooooooo much extra for something they have already paid for. Of course as per usual the lawyer was supposed to be in touch today and they haven't. We also sent an e-mail to them on Friday which has been ignored as yet - so can imagine this may be a long drawn out thing!!!!
However, having read the compraventa one of the clauses states ' should any dispute or disagreement arise between parties in connection with the existence or contents of this agreement, the parties shall negotiate in good faith in attempt to resolve such dispute within a maximum of 15 days from the date on which either party formally notifies the other of the existence of such dispute.'
Hopefully this may help us to resolve the situation within a reasonable time scale especially as we were supposed to complete Dec/Jan and they are already running 6 months behind schedule.
Regards
June
_______________________
A fine is a tax for doing wrong. A tax is a fine for doing well.
0
Like
|
Hi Locins. Its always possible the builder has SLIPPED IN a extra floor with or without planning permission we know of many cases that was done in the past on the cds , we were told once that in saying how many floors that are built they dont count the ground floor ( that could be 3 mtrs up from ground level ) and they dont count a penthouse floor so a block of 4 floors ( including penthouse ) is only 2 floors high as regards the statement of how many floors the building will have . It must be a old Spanish trick of saying how high they are going to build but it ends up 2 levels more if you see what i mean , we wish you all the best with this problem , you will have to chase your lawyer We hope they have no connection with mri thats not good . Good Luck Rosi n 
0
Like
|
Hi Candyfloss/Fibbyuk.
You are both correct about the penthouse description as is Google!
But i could sell you a groundfloor penthouse tommorow as they are staggered build to allow the terrace to be free from obstruction from above.
The difference with these buiders are they make it perfectly clear at the start that they are what they are and at least you know the facts at the start.
Don't get me wrong i am not saying this is the right way to go i am just proving a point that rules can be bent by builders and in theory you can buy a groundfloor penthouse.
Un fortunately candyfloss there are no governing bodies that can enforce any power here,all boys clubs to be used as promotional tools rather than regulators.
Regards
Georgia
_______________________
www.taylorlandandpropertygroup.co.uk
still here after all these years!
0
Like
|
And in Spain they call the top floor Attico's (just to be obtuse!)
_______________________
Quite frankly m'dear, I don't give a damn!
www.herbalmarbella.com
0
Like
|
Last week whilst i was in the CDS looking at property i was contacted by an agent who said they had a duplex penthouse for sale on a particular development i was very familiar with. I knew there were no dulex penthouses on this development so was intrigued to see what they had for sale. When we got there all was revealed. It was a ground floor apartment with a large basement conversion. How they can call this a penthouse i dont know. The embarrassing thing was i had already viewed this apartment the day before with a different agent who had labelled it correctly.
0
Like
|
Hi Samson,
See Georgia's post below, this is an very confusing situation for those of us who define a penthouse as just that, top floor nothing above!
This si the first time I have heard of this happening in Spain, is it just another ploy to get you to a viewing?
The mind boggles.................
Rgds,
_______________________
FibbyUK
One off fee to pay your own La Renta tax (210 Form)
Check out my website:
http://www.payingtaxesinspain210form.pwp.blueyonder.co.uk/
0
Like
|
Hi SAMSON,
It is not always the agents fault regarding the description(although sometimes it is!)
I had a conversation with a vendor the other day that wanted me to market her property for her.
She wanted me to list it as an apartment when it actually stated on the escritura that it was a bungalow.
This went on for about ten miniutes,so for arguments sake it is listed as an partment with a big picture next to it so you can make your own mind up.
If it states on the escritura it is,then it is.
Dead on Rixxy, attico is probably one description without any artistic licence.
regards
GEORGIA
_______________________
www.taylorlandandpropertygroup.co.uk
still here after all these years!
0
Like
|
I think also when a number of agents are involved in the sale of one apartment either things get confused,lost in translation or its like chinease whispers and starts off as a basement and ends up a penthouse!
0
Like
|
I think that the way Georgia is advertising, describing as a Penthouse (if that's what the owner insists on), but displaying a clear picture for the vendor to make their own mind up, is about the fairest way to do things.
Although, as a vendor, I would question the agent on the description!
Poor Agents, you can't win can you!!
Rgds,
_______________________
FibbyUK
One off fee to pay your own La Renta tax (210 Form)
Check out my website:
http://www.payingtaxesinspain210form.pwp.blueyonder.co.uk/
0
Like
|
Hi June, (Locins)
Any more news on your purchase yet? Hope you are getting somewhere. Let us know.
Gina
0
Like
|
Hi Candyfloss
Apologies for not responding immediately have not been on the forum for a couple of days - been really busy!
However, we received great news last night via e-mail from our lawyer. I think he tried to phone yesterday but we were out all day. Anyhow, been told that developers wish to inform us that we can still have our penthouse with solarium in a new floor in the same block at absolutely no extra cost to us. We are just so thrilled at this news and are willing to accept this offer, but now checking that all relevant docs in place with regards planning and that although we are in same block we have not been moved to different location etc.......
We are off out to do our food shopping - have to travel 20 miles to our nearest Tesco!
Will speak later
June
_______________________
A fine is a tax for doing wrong. A tax is a fine for doing well.
0
Like
|
Hi Locins. Its good that its sorted it sounds like the builder was just trying it on with the extra payment req. someone might have paid that extra just to have a Penthouse, but make sure your lawyer is on top of this as it looks like this builder or MRI cannot be trusted ( have we heard that before ) Best of luck with this . Regards Rosi n 
0
Like
|
|
|
Hi June,
I am so pleased for you. perhaps the developers read EOS and could not afford the bad publicity or all of us protesting outside their gates  . Think they picked on the wrong one there. Someone obviously made a big boo boo and they have had to backtrack. Great news.
Any idea when you will complete or is that peaking too soon????
Gina
0
Like
|