UNITED GOLF LA TERCIA BRONCHUS SL- UNREASONABLE NEW SNAGGING CONDITIONS

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23 May 2009 00:00 by inspectahomespain Star rating in Orihuela Costa, Spai.... 2404 posts Send private message

Vip Supporter

Over the 5 years that we have been providing new Property inspection services, snagging lists, developers have tried all sorts of ways to prevent us delivering a service but in all those years I have can still be surprised as I have been by the latest tactic from the developer of United Golf Resorts La Tercia, Broncho Promotions SL and their total disregard of their of their customer requirements.

We have already carried out a large number of inspections on this site on the earlier phases typically finding an average of 26 defects and we had started inspections on phase 2 when out of the blue received a call from their aftersales manager followed by the following email
To confirm our telephone conversation of yesterday please be informed only; clients, their legal representatives or sales agent will be granted access to the properties prior to the client signing the title Deeds for their property.
This change of procedure is one of a number which have been introduced for the second phase. I would like to assure you though that the change in the snagging procedures is not directed towards your company alone, it goes for all parties who are not mentioned above.
With regards to restrictive practices I believe the change in procedures does not breach this for several reasons, with the main one being the properties are still in the ownership of the constructor so the granting of access to the properties is within the right of the constructor.
Often we check properties before completion saving the client the expense of travelling to Spain and reassuring them that the property is finished and often helping to get repairs started before they complete but now with this developer a buyer cannot have the property independently checked, by any company and have to visit Spain or get the sales agent or a lawyer to check the property. They cannot even bring along a friend to help them carry out checks
In another e-mail sent to client that had a snagging visit arranged and cancelled another member of staff wroteThe building standards and specifications have been verified independently by the local authorities, everything has been inspected to confirm it has been completed to the correct standards prior to the issue of the habitation certificate for your property.
Although a check on the specification is part of the checks a snagging inspection is often more about checking the property finish normally where we find the poor paintwork, damaged doors, poor levels on patios, all nothing to do with the checks for the Certificate of Habitation
Of course you have 15 days after completion to submit a snagging list and after completion the developer cannot restrict access to the property but as we always advice clients the snagging list should always be submitted at The Notary as part of the legal paperwork process
Also given all the known horror stories of getting work done, especially when a development is coming to an end, how many of you would be happy snagging after completion
I know that professional snagging companies are not popular with developers and I have asked this developer for the reason why they have introduced this policy and received no response.
The immediate feedback that I have had is that some people will be refusing to complete unless an independent check is available, some were looking for an excuse to delay completion and will now use this on the basis that it is not covenant to travel.
More worrying some have stated that this change in policy this has made them nervous about this developer and that they will now walk away from their investment
I am certain that that if this was in the UK people would be objecting however is this example of how badly Spanish promoters believe they can treat buyers.
 The question why is this developer doing this especially as they are about to launch more developments Bamendi near Murcia and Valle Del Sabinar near Alicante so perhaps potential buyers should be aware of this policy.
There are a number of snagging organisations providing services on this site so this doesn´t only effect my company
I know that this forum is widely read and I would appreciate comments form members that can potentially be passed onto the developer to get them to change this policy as they are the only developer I know imposing this restriction


_______________________
Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748



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23 May 2009 13:08 by inspectahomespain Star rating in Orihuela Costa, Spai.... 2404 posts Send private message

Vip Supporter

Having looked at this I have discovered that the situation may be even worse with the inclusion of another clause in their completion paperwork which actually states they can have  third party inspect the property but they now wish to ignore

If a client wishes a third party to visit the property on their behalf they are requested to notify the "After Sales" department of this in writing. Should United Golf Resorts be requested to open a property for a third party to snag the property it must be noted, due to security measures, our procedures and workload, we will be unable to accommodate re-opening the property for the third party to revisit the property on other occasions.
 
Please be advised United Golf Resorts will only accept one snag list for a property.
 
 Should a client or their representative present a further list of works, not mentioned of their original list, it will be the decision of the "Technical" department whether they attend to these additional items.
What is normal, especially as some developers will not allow any inspections is that a buyer has 15 days, after completion in whch to check the property and submit a new list as it is often when you start using a property do you discover defects
The other problem is that it is common that a builder will create additional new defects while repairing the original list so with this developer and the clause there is no way to guarantee that these will be repaired as the clause allows the bulder to repair whatever they choose
Maria do you have any views on this clause and changes to their policy
 

 



_______________________
Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748



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25 May 2009 07:46 by inspectahomespain Star rating in Orihuela Costa, Spai.... 2404 posts Send private message

Vip Supporter

Perhaps it was a bad idea to post this over the weekend but I know that Maria will be around now and pehaps be able to provide some feedback

Comments on another forum are saying things like this is an ilegal act but I don´t think it is, perhaps morally wrong



_______________________
Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748



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25 May 2009 08:21 by mariadecastro Star rating in Algeciras (Cadiz). 8888 posts Send private message

Legal Questions? Speak to Maria Direct

Dear Roy:

That restriction on your right to perform a revision of the house through a proffessional service is against  basic principles of Contract and Consumers Law.

As a quick measure I would communicate hat to the Consumers authority ( OMIC ) of the municipality and region if you are called to complete with no possibility of a preliminary inspection by a proffessional appointed by you, you ( or yout legal representative ) can state that at the Notary´s for funds being held by him till the proper inspection is fulfiled. The claim against the Comsumers Office is advisable to be brought to the Notary´s appointment too.

Hope that helps.

Best regards,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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25 May 2009 10:08 by inspectahomespain Star rating in Orihuela Costa, Spai.... 2404 posts Send private message

Vip Supporter

Thank you for your response Maria and I thnk these types of practices have to be stopped

I have 5 people so far than want me to complete ofical forms at OMIC on their behalf regarding the changes and the ruling that they will onle accept one snagging list and that they can refuse to carry out additional repairs and I will update the forum with the results

There are also some national publications now interested in this case



_______________________
Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748



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25 May 2009 10:16 by mariadecastro Star rating in Algeciras (Cadiz). 8888 posts Send private message

Legal Questions? Speak to Maria Direct

Dear Roy:

Please keep us updated. Yes... these need to be consumers ( human being´s)´s times or will not at all.

Please let us know if we can help further.

Best regards,

Maria L. de Castro 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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