Welcome and introduction.

[Dave]

The forum team are pleased to announce a new contributor to the forum.

Félix López Jordán was admitted to the Bar in 1992, since then he has been working in property and company law.

Félix would like to point out that due to the economic downturn currently he is committed to several companies, so is not open to the general public.  However, that does not mean that he can not advise people on the forum, but, that it would be very difficult to undertake any further cases.

Félix or his company are not looking for clients, but are more than happy to offer information and advice to anyone who posts a question or query.

website for Félix www.fljordan.com

We do hope that members who need advice can make use of the service being offered by Félix.

[Pete100]

Hi Felix

Thank you for your offer of advise to members. Whilst I appreciate you aren't looking for private clients, we would appreciate your comments on the following matter and a recommendation of a solicitor we could approach if we do decide to go down the legal route.

Our situation (and probably many others too) is that we bought into the Ochando development and paid a deposit in Jan 07. The completion date as per the contract was due to be April 09 with a permitted delay of up to 6 months. As we understand it, the building of the property hasn't started and therefore probably won't be completed by Oct 09.

Please advise what is involved in pursuing the return of deposit paid later in the year, likelyhood of success, costs involved. I can email a copy of the contract if required. The contract allows for the developer to charge the purchaser 8% annual simple interest if the purchaser defaults on a payment.

If we decide to sit and wait for the developer to start the build, can we claim interest from Oct 09?

Regards, Pete100

[inspectahomespain]

As with most of the cases, one very large one at the moment involving IAP buyers on Fortuna Golf, the advice that you should be given is that not much can be done until the actual date for the completion of the build has been passed

Can you however confirm that you have a Bank Guarntee for money paid because if you do not you should be sorting this out NOW

I am die to visit Ochando soon to see how things are developing so I will let you know

[felix]

As inspectahomes said, first of all, you have to check the validity of your BG.
If you want to send me a copy I'll tell you whether or not is valid

[Pete100]

Not aware of any bank guarantees, who would normally issue these and why? The monies we've paid so far (about 25%) was via Moneycorp direct to Plus Advisors solicitors. I am trying to email them for receipts but their website looks like it hasn't been updated for over 3 years!

Do you know if all the buildings have to be built before the developer can come to us for completion?

Regards, Pete

[Dave]

Pete, check ou this link and post by Felix this will help to explain why you need a bank guarantee http://www.expatforum.com/expats/spain-expat-forum-expats-living-spain/4571-buying-off-plan-spain-bank-guarantees.html

Your solicitor / lawyer should have obtained these for you?

Dave

[peter s]

Hi,

I have purchased at Corvera golf & country club on phase 3.
After paying initial deposit in July 07 and being told that the apartment would be ready in march 09, i have since paid a further 2 installments to date with bank guarantees being issued for both payments.
I have since been told by the developer that the apartment will now not be ready until Early 2010 as planning was only granted in Jan 09. When i gave my deposit i was led to believe that planning was already granted otherwise how could they complete in march 09 with out it (i should of asked the question in hindsight).

My current concerns and i know these are the same with other Corvera purchasers  is do we sit tight and wait for the development to be handed over as we do want the apartment for personal use and not to make a quick buck and sell on!! - or do we look to pursue the leagal route and get out before the rot sets in (worse case scenario)

My bank guarantee ruins out this June and i know that other purchasers have had difficulty in renewing their guarantee which again makes me nervous.

i would welcome your thoughts as to how secure my deposits and future [purchase is or should i start taking legal actions?

Regards.

Peter

[inspectahomespain]

Ig you have no BG, which is issued by the builder to secure your payments in the case of the builder going bankrupt or failin to build the development you must do something NOW

I suggest that you contact PLUS ADVISORS on Monday to resolve

[felix]

Pete100, send me a copy of your purchase agreement and  tell me the phone and the name of your solicitor. I am going to call him and after I'll inform you (in the forum) about your situation.

Peter. If you want to know, free of charge, whether or not your BG is legal, send me a copy by email or fax. +34 968 970 121. I'll inform you in the forum.

Cheers

[Jackie and David]

Hi All
Can anyone let us have details of a GOOD lawyer in the Los Alcazarez area either english or good english speaking. We still haven't managed to get our Spanish wills done yet.
Enough is enough of our friend Jose!
Many thanks
Jackie & David

[AndyP]

Jackie & David,

Just had my will done on last visit in March.
My solicitor is NCS Lawyers at San Pedro del pinatar.
Went with the lawyer, Serena, to Notary at San javier and completed within an hour.

Cost was €210. Solicitor fee €150 and Notary €60.

English speaking, speak to secretary Sally on number  +34 968180706
http://www.ncslawyers.com

Cheers,
Andy

[Sandra]

Hi All

I can also vouch for this firm of lawyers - I have used them for other business and found them very helpful and efficient.  Its great that they have a British Office Manager who sits in to make sure there is no misunderstanding with instructions.

Sandra

[felix]

It seems to me that there is a notary in Torrevieja (English speaking) so perhaps you could save money going directly.

http://www.notariaripoll.com/english/

[torch40]

Hi All,

I've just started using this website now I've stumbled upon it.
If someone can advise me please on my predicament it would be much appreciated.

I initially put a deposit down on an apartment with Tres Molinos about 4 years ago, my solicitor asked and received a bank guarantee for this money, after 2 years. we decided to buy a 3 bed Villa instead, Tres Molinos  were happy enough with this so my solicitors Mare Nostrum, returned the bank guarantee that we had for the apartment and requested one for the new property which was never given. the deposit was exactly the same amount of money, I was unaware of this at the time and only found out a few months ago.
Should my solicitor have made sure that the new bank guarantee was in hand before returning the original one. or return them simultaneously.
The bottom line here is that my money/deposit is now not protected with a bank guarantee.
I am now cancelling my contract with Tres Molinos on the grounds that they are in breach of contract by way of not supplying us with a bank guarantee within 12months.
The problem is that if the company goes bust or into administration before i get my deposit back, I'll most probably lose it.
If this does happen can i hold my solicitor responsible for not ensuring that a bank guarantee was in place, they've admitted that its taken far too long trying to sort out this  but say its not their fault.
Can anyone help please or point me in the right direction
Rgds
David

[Midge]

Hi

Can anyone help with finding a notary in San Javier to make a spanish will for us. heading over next week and had thought we would see Margarita Acitores behind the Bastida shop but she has e mailed to say she has relocated.

Many thanks
Midge