27 Dec 2007 5:53 PM:

Hello Suzanne thanks for your reply posted on the 18th, Yes our solicitors are rejecting our request to cancelation saying that now the habitation consent has been granted there is nothing we can do but to complete, all this even though they acknowledge we advised them of our wish to cancel at the begining of October.

We are still trying to fight it, however and have been in contact with them again this afternoon rejecting there current ADVISE.

To be honest if we could complete knowing that we could sell soon after, and just get our money back that way, not after making a profit,  we would stop fighting it, but the advise I have had from several agents in Duquesa, is that it will take ages to sell as confidence has been totally lost in the developement. 

Hope you all had a great Christmas, we have spent it at our home in Alhaurin El Grande and for days leading up to Christmas day I thought Noah would be putting in an appearance..

 

Mick

 

 

Community thread: Holiday homes for rent in the Costa Brava.

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17 Dec 2007 6:03 PM:

Hello to everyone that replied two the last postings we have made
Judging by certain replys, it seems that I maybe did not make things very clear when I made the first posting
One person in particular, thinks that we just sat back, untill now, before doing anything, regarding our worries and issues re developers/solicitors
This was NEVER the case, as I said when making the first posting we have lived in Spain since December 2004.
So as most people would, when I had worries I visited the sight, because we never got anything but blind assurances from our solicitors(Lex-Marbella)
I felt it was the best option. This may now in hindsight have been misguided, as the reassurances I was given fitted in with things that were being posted in the local papers in general, about the lopcal building situation ie, There was a Strike at the most prominent cement manufactures  in Andurlucia early in 2006 that went on for some considerable time. and With all the Majoral problems here, several local councils were way behind,  with habitation consents Etc,

It was only when after using up more than we wanted of our retirement funds that we have taken the step of having to work again . Duquesa was to have been our little extra, rental etc to help things out.
It was only when we finally thought we cant keep on with the delay after delay situation and decided to market it this september that we found out that 2 of the biggest agents in the Duquesa area would not touch properties on our developement, for some considerable time. We had to FORCE the isuue with our solicitors.

Who as I said before insisted that there would not be a problem as the bank guarantees are in place and a full refund off our monies would be made.

Now we are told that the bank has no record of our request for a refund, which was supposed to have been made by our solicitors.
And that a completion  date has been set we are not entitled to our monies and have to complete in less than 4 weeks.

At the moment we do not feel inclined to part with another penny, of our money, as we have totally lost faith with the whole idea of managing a property there.
and if we are unable to sell, may just have to walk away inspite of the many thousands of Euros we would lose.

I would be very interested however if any other people out there have or are using Lex-Marbella, as most of my anger is with them, for not telling us anything untill we contacted them. And Allthough I cant prove it I think that just maybe they did not contact the bank re the guarantee, because its better for them financially for us to complete,

Sorry if this has been a rant but as you may guess I am a tad frustrated.

Regards to all Duquesa people who use this site as its about the only truth that we have come accross in the whole sorry episode.

Happy Xmas

Mick.


Community thread: Holiday homes for rent in the Costa Brava.

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14 Dec 2007 12:00 AM:

Thanks everyone for your messages. Its nice to know there is someone out there to talk to. Alan your message was very helpful but I wonder if you know when people were told that they could actually get there money back as it seems that some have already. We contacted our Solicitor on numerous occasions since we bought but were constantly fobbed off with one excuse after another. It was only recently that we were told that yes we could have our money back only then to be told that completion would be in January and because the bank had not recieved the request for monies back from our solicitor would not now honour it. Our solicitor now says our only option is to complete even though we have an email from our solicitor that states we would be paid back within a month or two.

We would really like to know when people were told that they could pull out with all monies refunded.

Also, we have been told in the last month (during the time that they said our monies would be refunded) that the habitation certificate is now granted and completion is in January 2008.

Confused as we are not sure how to pursue the case for getting our monies back.
Mick

Community thread: Holiday homes for rent in the Costa Brava.

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13 Dec 2007 12:00 AM:

Hello to everyone, Have just found this site, and hope it may be able to shed some light on things for me.

We commited to a 2 bed appartment at Duquesa in October 2003, paid all our monies as things progressed

And moved to spain in December 2005 at our current home in Alhaurin El Grande.

Our idea was early retirement,and to rent out our property in Duquesa to sepplement our retirement funds

Like you all, we have become very unhappy with the slow progress at the developement, and have had to change our working situation here because of it.

I·m not sure if our major beef is with our solicitors Lex marbella (Raul Suarez) or the developer/banks or whatever.

Anyway as i said we have had to change our life hear and have taken jobs in Murcia we contacted estate agents in the duquesa area back in July, in order to sell the property only to be told they would not touch it due to the problems with the developers.  It was then that I found out about the bank involement with the developer etc whicjh had occured the previous December. I had heard not ONE WORD of this from my solicitor or the developer or the bank.

After eventually managing to get hold of my solicitor for an answer to this he informed me that yes it was true, and that they had notified me by E mail back in June Needless to say this E mail was never recieved, and they no longer had a draft of it to send me. No problem they said as the bank guaranteed to return to me any monies that had been payed to date,  I had to give them a new power of attorney, and they would sort things for me,but it would take a couple of months for things to go through. RELIEF at last. Not So!!!. after chasing them up last week I have an E mail from Lina to say that the developer now has a completion date of January. and the bank have no knowledge of my wishing to cancel and exercise my option of a refund.

What I would like to know is, when and how did other people find out about the developer problems, and when were people offered a refund of monies paid.

My belief, is that my solicitors has been neglegent in this, in order to hang things out to completion, which is financially better for them  

A 

Community thread: Carnival in Aguilas, Murcia

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