04 Dec 2009 4:37 AM:

Irish Buyer

Regarding your question on the bank guarantees I recently asked the same question, this is the response I received...

In reply to your first query, let me inform you that in order to enforce the guarantees it is an indispensable requirement firstly to request the refund to the promoter and only when this one refuses the refund of the monies, it will be when it is possible to start the repayment/devolution process through enforcing the guarantees.

I'm no expert but they appear to be saying that because the promoter (or in this case the courts) did not refuse to honour my refund request the guanantee could not be invoked.  Now the property has been completed so the guarantee is no longer valid.

Is it me or does this all appear a very convenient series of events.....for everyone but us.

In terms of utilising a British lawyer, this may be a good approach but I for one don't know of any that have any experience in this field either.  Has anyone had any experience with Maria Luisa de Castro, she is a lawyer with Costaluz lawyers and is an active blogger on this site, reading her blogs gives me the impression she has been succesful in similar cases.  Any comments from people who have or are using her sevices would be appreciated.

Community thread: Aureus Update

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04 Dec 2009 1:32 AM:

I had this in Feb 08

In reply to your email, please let us inform you that we have just received the Court Order from the Tribunal of First-Instance nº 5 in Marbella (document enclosed) authorizing the cancellations of the Private Purchase Contracts requested. At the same time the Judge authorizes to proceed with the completion of those properties that owners decide to carry on with the transaction.

I'm also keen to be part of a concerted group effort, I feel this will be our only chance to take on the authorities but as it appears all our lawyers leave a lot to be desired how do we choose one to represent us?

Community thread: Aureus Update

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01 Dec 2009 1:14 AM:

Does all this mean we now have no claim on any refund and will have to complete?  That's the implication I'm getting from my lawyer.

Community thread: Aureus Update

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16 Oct 2009 3:43 AM:

All I get from my lawyer is that they are waiting for the units to be resold before any monies will be forethcoming, and they can't put a timescale on it.

Is it time we banded together and coordinated a joint effort through one lawyer?

I've just read the latest Eye on Spain Newsletter and there is an interesting article, Breach of Contract - Off Plan Success Story, which references lawyer Maria del Castro. I have read previously that she has been successful with other problem properties also.

Maybe it's worth us getting her views??

Community thread: Aureus Update

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03 Jul 2009 3:55 PM:

Does everyone have a Bank Guarantee?  Mine is issued by Banco Pastor, doesn't this mean that in the event of a default the bank is liable to pay back any monies owed, if this is the case why do we need to wait for the apartments to be sold?

Any thoughts???

Community thread: Refund Status

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