03 Jul 2009 8:12 PM:

Friday, 03 July 2009

A bit of hope shining for the masses caught up in dodgy deals.

This from another development reportied fom CBNews this week

 

 

Builder sentenced to pay back expat house buyers
 

By Nuria Pérez
TWO clients have won a court battle against Murcia building company Procobar, which is part of Grupo MASA.

Peter R. and Frances M. had bought two properties off plan at the Sierra Golf resort near Balsicas, Torre Pacheco.

However the properties were not completed on time.

According to the court sentence the builder had broken the contract as he had not respected the terms of the agreement by finishing on the agreed date.

As such the clients had the right to have their money returned.

The builder was ordered to return the 123,050 euros plus interest to the buyers last year.

Procobar appealed to the regional Supreme Court but a judge confirmed the sentence this week and rejected the appeal.

The builder has also been ordered to pay the court costs.

GROUNDBREAKING DECISION

The decision by the court could open the flood gates for hundreds if not thousands of people who purchased properties off plan prior to the recession.

With many construction companies simply closing down and leaving development projects unfinished most off plan purchasers thought they had lost their money due the inherent difficulties of prosecuting builders.

This Supreme Court ruling now means that builders who break their contracts with clients can be made to pay. Anybody who finds themselves in this position is advised to seek legal advice before taking any action and the Murcia Supreme Court decision could give them legal precedence should they decide to go to court.

nperez@cbnews.es

 

This message was last edited by jordy on 03/07/2009.
Community thread: update on Finca parc

--------------------------------------

25 May 2009 1:30 PM:

Hi lilic,

Good post - good points. Why did the judge let the work contiunue - dont know, except that the company was expected to appeal, and did. Mainly the issue was the anulada of licences - correctable with the success of obtaining the favourable report from the envirommental department - something to do with 'changing the physical reality by building houses in a L.I.C or P.O.R.N - place of community/envirommental importance' - which you cannot built in.

CG has some time to go to get this fsavourable report - have they got it? Its been over 6 months now, I suggest if they has it then it would be front page news in the local papers. The recent frontpge in the 'ELFARO DE HELIN' from 18 April was a arial view of the FP site with the title' Las Higuericas K.O' with reference to the licences being 'anula'. This was   a local paper. Clearly there are some under 80's that may not want the development also!

I have visited Hellin, Las Minas, Agromon, FP more than once, and recently. I have spoke to the locals too, and drank wine in their bar. As for sitting behind a computer - you seem to be quite capable of posting alot recently, as for aliases - if the cap fits wear it!!

Pot kettle etc.

Community thread: update on Finca parc

--------------------------------------

24 May 2009 3:57 PM:

LILAc Said:

I bought up the question of the building licenses being revoked for the first houses, we were assured by Snr Emon this is not the case, in his words "at no time during the contruction of the site has there every been a stop put on works, if the works were illegal the guardia and local government would have put the works into suspension."  

 

 

The work is currently in suspension. Paralized or whatever.

Ive seen the town hall paperwork showing licences annulada or annuled.

If you look back through posts around Nov- Dec, mandy posted a cleytonges statement saing they had appealed the ruling - why appeal unless there is something to appeal?

 

also alot of other problems stopping the go ahead. there are other info sites following this built, plenty of stuff being reportd abut

this built.

Community thread: update on Finca parc

--------------------------------------

05 May 2009 11:01 PM:

site closed, no one left, secritery dune a runner

Community thread: Update on site (visited last week)

--------------------------------------

25 Feb 2009 2:11 PM:

Kram

You seem to be agitated, obviously cant read postings properly, where was in the post any sarcasm, plese explain. its a open forum isnt it

As for ricman can he not defend himself

Community thread: Update on site (visited last week)

--------------------------------------