24 Aug 2009 7:46 PM:
Keith can you clarify.
I am on stage 3 and we have been reassured that all planning permissions have been granted and building was in fact already well advanced on a number of plots in April 2008 but now you say they didn't have a building licence.
What is more we cannot claim on the bank guarantee until 18 months after the building licence has been granted and a building completion has not been given i.e. if a building licence hasn't been granted that is 18 months from never.
That makes the bank guarantees worthless if you haven't got a building licence so it's perhaps no surprise they are now prepared to issue them.
But I thought it was a law in Spain that bank guarantees had to be given for off plan developments supposedly to protect deposits placed on developments that never got beyond the planning stage. But the bank guarantees only become effective on this development once building licence is granted i.e. they don't comply.
Or am I missing something.
Inspectahomespain's comments about lawyers strikes a nerve as ours (Fuster & Associates) failed to inform us that they had not received the guarantees until 12 months later and even then failed to offer any positive options and now it would appear that they failed to see another fairly blatant failing in the contract.
Community thread:
update on Finca parc
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