10 Jan 2009 6:47 PM:
OK--after 5 days here I think I now have facts, which I have gathered from my attorney and had corroborated by other owners. It is not unusual in Spain for phased developments to operate off developer's electricity and water for several months--and in some cases more than a year. In fact that is good for the unit owners because they get the utilities free at the beginning. Eventually the utility companies will inspect and issue a "Bolitin" which certifies that everything has been installed in accordance with EU and other applicable regulations. After issuance of the Bolitin the utility company can enter into direct contracts for supply with the individual unit owners. It is very unlikely that Promaga have failed to instal in accordance with the regulations. The electricity and water are currently working fine! I tested everything today and experienced no problems.
As I said in my previous post, it is very much in the interest of all unit owners to complete their purchases and furnish and live in their units, or rent them out. It is far riskier delaying closing because in the (hopefully) unlikely event of Promaga going bust, owners will be at the mercy of the administrator and may never get title and may never recover their deposits under the bank guarantees.
Nothing in life is guaranteed, but the old adage "possession is 9/10th's of the law" applies as much in Spain as it does everywhere else. Any lawyer advising owners not to close because the "bolitin" has not yet been issued is probably being super conservative to cover his or her own ass. From everything I have learned, it is absolutely not in the interest of Altavista, owners or Promaga for unit owners to delay closing. Although I am not a Spanish lawyer, I am an English solicitor and California attorney and have practised law since 1968. I know only too well how lawyers too frequently provide very conservative advice which often is not very practical and not necessarily in the interests of the people who are party to the transaction.
Obviously everyone has to make their own decision, but I strongly encourage everyone to talk to others who have purchased units off plan in Spain. And bear in mind that nothing is risk free, but title (and therefore possession) certainly helps! Finally, I have taken loads of pictures of Altavista in the last few days and am happy to share these. The development is proceeding, it has not come to a grinding halt (Phases 5 and 6 have been slowed down), and for the most part the construction and finishes appear to be to a high standard. Certainly it is a beautiful location and hopefully we will all reap the fruits of our investment for years to come.
Community thread:
completion dates and kitchens
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