10 Feb 2008 12:00 AM:

We have been living in Spain since August 2007 and are currently renting an apartment in Los Granados, Duquesa so we are only a 10 minute drive from Hacienda Casares. 

My husband went to see the 'complex' last week and in his opinion there is nothing 'complex' about it! 600 odd apartments on top of a mountain is how he describes it .  There are no facilities whatsoever.  No greenery, no nothing and no plans at all in the pipline for any thing that was promised by Aifos.  As it stands at the moment these properties are unsaleable and unusable.  This is not pessimism, this is reality.  With a completely finished development we belive it is a sound investment but not good.  The question is who, when , if and how it is to be completed.  The sensible thing to do if you have not already done so is to contact your lawyer and refuse to pay another euro until everything has been completed as per the facilties Aifos promised would be available.  In this dire sitiaution there is only strength in numbers and false optimism is not an option.  This is Spain!  Remember all Aifos want is your money and after that your'e on your own.  Residents or action committees are all well and good to get things moving but this requires time, total committment, communication and money.      

We have come to realise that when it comes to purchasing off plan property in Spain promises, assurances and guarantees from banks and developers are based on  a 'manyana' syndrome!  That doesn't mean tomorrow, it means not today.

This is in our opinion the reality of the sitiaution and anyone reading this should think very seriously before handing over any more of your hard earned cash.  Throwing good money after bad comes to  mind!   

On a more positive note the following is an article from this weeks Sur in English which may give us a way out if you do not want to go ahead and complete on your properties as it seems that Spanish judges are siding with disguntled Aifos buyers.  This is the course of action we will be taking!!  I personally wish I had never heard of the damned place. We have been contacted by our lawyer to say that our apartment in Pensamiento is ready for snagging but I personally have not been anywhere near the development since we moved out here, have completely lost all interest and have no intention of going to snag an apartment that I have no intention of competing the purchase of.         

Aifos in court

The Malaga courts are currently dealing with more than 200 cases brought against the developers Aifos for failing to hand over new properties to their owners within the time limit established in their contracts. Some of these cases have already been to court and have resulted in the company being ordered to give its customers their money back, plus interest, sums which in some cases have amounted to as much as 329,000 euros. Furthermore some courts have gone even further and sentenced the defendant to paying compensation for the moral damage caused to the buyers, on the grounds that they have undergone “a situation of anguish and impotence”, according to the words of one sentence. A lawyer of the firm CYC Asesores, which represents many of the buyers taking legal action against Aifos, especially in Fuengirola, Malaga and Rincón de la Victoria, maintains that Aifos owns “significant” assets and that the developers continued to call on clients to sign their title deeds even “after properties had been declared illegal”. Meanwhile José Ramón Gutiérrez of the firm Lawbird Legal Services points out that in a number of cases the courts have frozen some of the firm’s assets to ensure that clients get their money.

   Jan Hills 

Community thread: Visit to Hacienda Casares & Aifos in Court

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06 Jan 2008 10:17 AM:

Hi David,

Have you decided which option you are going to take?

 

Community thread: lisa stych-waterlily1975

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28 Dec 2007 12:00 AM:

We have just received this letter from our solicitors.  Has anyone received anything similar?

Dear customer, with this letter I would like to inform you on the current status of Hacienda Casares.

As legal adviser,

During November and December, we have had several meetings with the promoter because of the long delay that accumulates the completion of this promotion, and also with Casares´s City Council to find out the status of this promotion.
Currently we have almost the entire documentation legally required to prepare the Deeds and we are

 

At the same time customers who bought in Phase 1 and 2 of this promotion, are doing their inspection visits to their apartments to draft a list of the failures of construction that may have. The intention of the promoter is to arrange these works before signing the deeds of purchase.

Our company, Abasol 2000, as buyers´s legal representatives, accompanying clients on their visits, and as a conclusion that the results we obtained after visits turned to the building site are as follows:

First: Since developers started construction until now has been a long time. It is a reality that this development accumulates a long delay.

Secondly: In what most customers are concerned about is that the gardens are not yet made, but the promoter said that going to do shortly. Also pending are building all sports facilities and swimming pools. At the beginning Aifos sold this complex including sports facilities and swimming pools but at the moment , Aifos informed us that they will not build these areas. The company are in negociations with other developer (Evemarina) belonging to "Doña Julia Urbanisation" in order finally that company will be in charge to build these facilities for all the owners.

 

Moreover currently Aifos has many financial problems,and the main one is that it has no liquidity.

- Problems with some municipalities due to Aifos has exceeded

- Aifos can not refund on cancellation of contracts

- Problems with the Spanish justice system
- Debts with Treasury ...

With all the above background, please take into consideration the following legal options you have:

 

First

This is the way it should be done and that reflects our law.

It has all the advantages (the owner can

 

Secondly:

The municipality has turned the visit of work and it has required developers to submit documents and terminating some outstanding works, especially in the external areas.

According to Spanish law you only have to be called to sign the purchase of the house only when it granted the license of first occupancy.

If we expect until to receive the license, meanwhile if something happens with the company, then you should put in an official list and to sue the company in order to have your house in your own name. Yet there is no guarantee of obtaining possession of your house.
Banco Pastor, who has given the loan to the promoter, and Aifos would sign without first occupancy license.

It has many disadvantages signing without a license, but the main advantage is that you will be the owner of the house.

 

Thirdly:

Fourth:

 

In conclusion I would like you to read all this information and be aware of the real situation.

The final decision should be taken by the customer, and we as lawyers will be here to ensure their legal interests, and respect whatever your determination. 

Awaiting your response.

 

Yours sincerely,

 

Abasol 2000,S.L.

Antonia Berrocal

Solicitor

At the same time I would like you to make a decision between those options that we have offered to know your position.
I need to know about that as soon as possible in order to proceed or not to prepare for the conclusion of deeds of purchase.
to swap to another property already built and in a completed complex. With this option, the advantage is that you can sign the Deeds soon and make sure your investment, and the disadvantage is that when you change, you normally have to pay for the difference in money exchange because the new apartment is more expensive .: Signing the Deed of purchase once it is granted the license of first occupancy. we have been researching Aifos, the promoter of the development of Hacienda Casares, where you bought. The company has to solve several problems such as:   engage the services of water and electricity with companies). The only disadvantage is that we have to wait for Aifos finished work and in the meantime we do not know what may happen to their financial situation. sign the Deed of his property without a first occupancy license. The license is already applied for and may be granted soon, it depends on Aifos comply with the legal requirements by the City Council.  A final option is to sue the promoter by the breaches, but this option is best taken once we have signed the deeds of purchase, not before, because if we do now, then the property would be blocked during of the proceedings and you it could be for two or three years even waiting until the judge orders the sentence. Demand suppose expenses for you and waiting time, so it is better afterwards.the area of the construction and therefore have to pay fines.waiting for Aifos complete the remaining works on urbanization to get the first occupation license.

Community thread: lisa stych-waterlily1975

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28 Aug 2007 12:00 AM:

I am purchasing in Pensamiento and have today been notified by my Spanish Lawyer that Aifos have informed them that they are going to fix a date in September for some of the blocks to be released and are currently waiting for the habitation license from the Town Hall.  The blocks involved are Geranio, Pensamiento, Amapola, Azalea and Hortensia.  Once the habitation license has been obtained the next step will be for owners to sign the title deeds for their property in the presence of a notary.

Has anyone else purchasing in these blocks been contacted by their lawyer with the same information?

We have been living in Spain for a year now and are currently renting in Los Granados 1 which is about a10 minute walk from the port at Duquesa.  The security barrier up to the development has now been removed and my husband went up to have a look a couple of days ago.  I must admit I was surprised to get this email from my lawyer today because as far as my husband was concerned he thought our block did'nt look anywhere near completion!! Will be interesting to hear from Aifos when they think it will actually be fit to move into.

Jan Hills

       

 

 

Community thread: Title Deeds

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01 May 2007 9:46 AM:

John,

This is because blocks Malva and Melisa which were originally part of Hacienda Casares are now being sold under the development name of La Reserva de Casares.

Jan Hills

   

Community thread: When do Easyjet October 2008 flights go on sale?

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