03 Jan 2012 12:28 PM:

 Hi

I've completed the petition as best as I can remember all of the many questions! I hope it helps in some way. 

We had bought an apartment already and it was completed (on a different project by the same developer) and just before the crash decided to buy a second on Green Hills - the market back then for rentals was quuite healthy (estimates of around 28-32 weeks per year occupancy) so the idea was to have one apartment for ourselves as a 'secind home' and another for rental. 

When things went south we put both on the market with the view that whichever one sold, we'd keep the other. Somewhat stupidly (wiht hindsight) we put the properties up for sale with the same agents who were selling both devleopments - bottom line was they had no interest in selling Green Hills re-sales when they had loads of unsold first-sale apartments. We did sell the first apartment on the other develppment, however. So we weren't too concerned about the commitment to Green Hills, which we then just thought we'd have as our 'second home' - until the time to complete, when we then discovered that there would be no golf course (the apartments were marketed heavily as 'golf apartments' to be built around a new 9 hole course). This meant that there was no golf club or any other amenity built on the site and eventually only about ~40% of the planned apartments were built. The community looks nice, to a point, but it is in the middle of nowhere with no facilities close by - a car is eessential to be there. The value is therefore probably (even without the property crash) worth half what the original selling price was - yet the developer offered 'free air conditiioning' as the only compensation for failing to get planning permission for the golf course and other aspects. 

I don't understand why it's so difficult to get closure on the whole thing from the courts. In any other country, failing to deliver the project to specification on so many aspects would render the contract void and be a formality to resolve, even if it went to court. To win both the first case and then the appeal should have meant that the issue was done and dusted. 

I am reduced to wondering if I'll ever see a resolution to this in my lifetime! I have never felt personal hatred to anyone the way I do towards the developers on this. There aren't words to describe the misery I hope that awaits them in the next life - if the courts won't impose it on them in this one! Let's hope that the petition does do some good at a governental level - but my experience of Spanish justice is not that good - despite them eventially finding in our favour, twice. The misery that is being caused to you, me and to so many others is a national disgrace for the country.  

Greg

Thread: Getting the money after judge finding in our favour.

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03 Jan 2012 12:28 PM:

 Hi

I've completed the petition as best as I can remember all of the many questions! I hope it helps in some way. 

We had bought an apartment already and it was completed (on a different project by the same developer) and just before the crash decided to buy a second on Green Hills - the market back then for rentals was quuite healthy (estimates of around 28-32 weeks per year occupancy) so the idea was to have one apartment for ourselves as a 'secind home' and another for rental. 

When things went south we put both on the market with the view that whichever one sold, we'd keep the other. Somewhat stupidly (wiht hindsight) we put the properties up for sale with the same agents who were selling both devleopments - bottom line was they had no interest in selling Green Hills re-sales when they had loads of unsold first-sale apartments. We did sell the first apartment on the other develppment, however. So we weren't too concerned about the commitment to Green Hills, which we then just thought we'd have as our 'second home' - until the time to complete, when we then discovered that there would be no golf course (the apartments were marketed heavily as 'golf apartments' to be built around a new 9 hole course). This meant that there was no golf club or any other amenity built on the site and eventually only about ~40% of the planned apartments were built. The community looks nice, to a point, but it is in the middle of nowhere with no facilities close by - a car is eessential to be there. The value is therefore probably (even without the property crash) worth half what the original selling price was - yet the developer offered 'free air conditiioning' as the only compensation for failing to get planning permission for the golf course and other aspects. 

I don't understand why it's so difficult to get closure on the whole thing from the courts. In any other country, failing to deliver the project to specification on so many aspects would render the contract void and be a formality to resolve, even if it went to court. To win both the first case and then the appeal should have meant that the issue was done and dusted. 

I am reduced to wondering if I'll ever see a resolution to this in my lifetime! I have never felt personal hatred to anyone the way I do towards the developers on this. There aren't words to describe the misery I hope that awaits them in the next life - if the courts won't impose it on them in this one! Let's hope that the petition does do some good at a governental level - but my experience of Spanish justice is not that good - despite them eventially finding in our favour, twice. The misery that is being caused to you, me and to so many others is a national disgrace for the country.  

Greg

Thread: Getting the money after judge finding in our favour.

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02 Jan 2012 3:46 PM:

 We are in the same position over an apartment bought on Green Hills in Elvira, near Marbella. The developer tried to force us to complete, we resisted, as the development wasn't finished to the proposed specifications (no planning permission for a golf course and golf club, other facitilites etc therefore didn't materialise) and the value of the apartment was (leaving aside any economic crashes) worth substantially less than we'd agreed to pay. We won the court case, the developer appealed. We won the appeal and were told that they had no other reeourse under the law and would have to refund our deposit (over €100k) but they applealed again. We have no date for another hearing and are so sick of what passes for Spanish 'justice' and legal process that we've just let things ride until we hear of something. 

This has been going on for several years now - at least 5 and probably closer to seven! What was supposed to be a dream second home to enjoy with our daughters as they grew through their teens has become a nightmare that has soured us towards Spain as a result. 

It's a scandal that the European Courts ought to have dealt with - since Spanish corruption and lazy bureaucrats have caused the problems for tens of thousands of people. But it's just being ignored on an international scale. The lack of information, the snail like process of what passes for a legal system in Spain and the indifference to the hardship that is caused to so many make it all the worse. 

I'm sorry you have the problem too! 

Greg

Thread: Getting the money after judge finding in our favour.

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