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Ayamonte - Costa Esuri - Part III

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Ayamonte - Costa Esuri - Part III

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Old May 17th 2006, 12:22 am
  #2176  
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Default Re: Ayamonte - Costa Esuri - Part III

Originally Posted by MEL & JOHN
Morning Mike & Di

Yes, I know what you mean and reading posts on here over several months we decided not to sign until everything was completely sorted BUT time is slipping by and we have this week asked our solicitor to proceed. We have a family holiday booked for June and want to be in the house so although Fadesa have still not got the First Occupation Licence we have been assured that it will be fine to complete by our solicitor ( Miguel Gallardo ) I did think that you could not "occupy" without this licence but Paula tells me that it will mean we cannot connect to GAS ( so no hot water !! ) but hopefully the licence will be issued by the time we get there. No problem with Elec / Water as Fadesa supply it for a time. We went into the house (M2) last month are were so pleased with it, yes there are a few matters that need some attention but nothing much. The solicitor has said they are hoping to complete on our behalf 24th May in Seville ( they have our Power of Attorney) SO, things are looking up and moving ...at last.

Just a little extra info, I asked Paula about the swimming pool and would it be ok to use once the house sale had been completed as after all we were sold a house and shared pool ( and a supermarket etc, etc but I won't harp on about that ! ) Paula said the pool would be operational once 80% of the houses had been sold.

Re. House Ins. Matt Begleys (see previous post) contact is very good and helpful and the best price I have got yet so very happy with that...cheers Matt.

All the best to all and roll on all those completions....PRONTO !!!

Mel and John
Is your insurance valid without an occupation licence ?
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Old May 17th 2006, 1:23 am
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Default Re: Ayamonte - Costa Esuri - Part III

Originally Posted by jdr
Is your insurance valid without an occupation licence ?

Yes - as long as you legally own the property.
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Old May 17th 2006, 2:20 am
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Default Re: Ayamonte - Costa Esuri - Part III

Originally Posted by rogerbilko
Hi folks

For all those wanting to look at RAV4 Manzanna 6 as of last Friday, here are a few fotos for you. I am number 16, and the views from height are taken from my 1st floor balcony.
I think the landscaping is pretty good bar the big square drainage boxes sticking out of the ground. I had a look around the inside of the house, given only ten mins, In my opinion, it was a very poor standard of finish and will need proper snagging by a professional. The benefit being an impartial, fair view, not involving emotions, and Fadesa will find it harder to argue against the findings.
When I first saw the interior, my first thought was, I have to get out of this!
But thinking about it, there is not much I cant fix myself, and feel that in the long term the site is going to be very nice. I estimate 5 years.
The best I can hope for is that Fadesa will fix the worst problems.

I still love it there, the town looked lovely, and was buzzing.
Hi rogerbilko
You have worried me a little with this post, can you tell us what was wrong with the house? We have already completed on an apartment and we were satisfied with the finish, however we have also reserved a townhouse on the next phase and I am concerned now that these will not be up to the standard of the apartments. Any details will be appreciated
Regards
Val
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Old May 17th 2006, 2:40 am
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Red face Re: Ayamonte - Costa Esuri - Part III

Originally Posted by rogerbilko
Hi Paula
I have bought on Manzanna 6, No16. I have just got back from a snagging visit of my house and have some good pictures of the site that I can e mail to you. The garden/ communal areas have been nicely landscaped with a few trees planted. No lawn as yet, and I cant see this happening for a while but it is looking quite nice. I was disappointed with the pool but this is only a personal view. I hated the dog kennel like fences they put up but this will disappear ( hopefully!! ) under a mass of creeping plants and colour.
They have no idea of completion dates for Manzanna 4-5-6 so don't book the flights yet.... Like I did, and now have to cancel.
They gave me 10 mins to snag the house and were quite unfriendly with it. I can see a bit of DIY coming as I felt the standard of finish was poor. My advice would be to get a professional in, I know I will be!

After all said, I still love the area and look forward 3-5 years to the time when this site is set to be something a bit special. As for Fadesa.... HMMM.
I will try to post the pictures on site later this week, send me your e mail address.
See you
Hi Roger
thanks for that
unfortunately I have already booked flights so we are pretty much stuck. I'd love to see the photos though. I agree with you the awful shed looks dreadful an of course it blocks our view - I thought it would that's the type of luck we had. how do i post my e mail to you
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Old May 17th 2006, 7:50 am
  #2180  
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Default Re: Ayamonte - Costa Esuri - Part III

Originally Posted by matt begley
Yes - as long as you legally own the property.
As long as you are not occupying it
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Old May 17th 2006, 7:52 am
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Default Re: Ayamonte - Costa Esuri - Part III

Originally Posted by Mike and Diane
Really pleased to hear that some people are completing on their Townhouses this/next week. However I persume this is without the certificate of first habitation ? as rang Paula at the shed today (we are on Manzana 1) and she said they had still not recieved them!!

our solicitor has advised us not to complete until it is issued, but would be interested in others views please, especially those that have/are completing on their townhouse

cheers

Mike & Di
We are also confused, as our solicitor has told us that the Notary would not complete without The Certificate of first Habitation.

Dennis & Gill
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Old May 17th 2006, 8:38 am
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Default Re: Ayamonte - Costa Esuri - Part III

Originally Posted by jdr
As long as you are not occupying it
and as long as there is not a 'y' in the day oh and only as long as the life guard is on duty and must be wearing regualtion red swim suit
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Old May 17th 2006, 9:20 am
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Angry Re: Ayamonte - Costa Esuri - Part III

just e mailed my sol who said manzana 6 will be handed over at the end of july AT THE EARLIEST
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Old May 17th 2006, 9:37 am
  #2184  
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Default Re: Ayamonte - Costa Esuri - Part III

Originally Posted by Den H
We are also confused, as our solicitor has told us that the Notary would not complete without The Certificate of first Habitation.

Dennis & Gill
Your solicitor seems to be the only one with any sense If it is purchased and you cant get a certificate on it then you have wasted your money.
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Old May 17th 2006, 9:41 am
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Default Re: Ayamonte - Costa Esuri - Part III

Originally Posted by keithwalters
So how do they managed to sell Costa Esuri without showing people the shed?

I'm just curious.
Probably as they reserved many off plan and effectively sold on the contracts
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Old May 17th 2006, 9:56 am
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Default Re: Ayamonte - Costa Esuri - Part III

Originally Posted by matt begley
and as long as there is not a 'y' in the day oh and only as long as the life guard is on duty and must be wearing regualtion red swim suit
You know as well as I do if there is one little word wrong on a policy they will duck out of it, but on this there are two very important words " occupation licence"
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Old May 17th 2006, 10:25 am
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Cool Re: Ayamonte - Costa Esuri - Part III

Hi Val
I don't want to worry anyone. We all have different expectations and I am very fussy. The problems I found were all cosmetic. I thought the preparation of the walls prior to painting was poor, the kitchen is poorly fitted with loose worktops and a fridge housing that measures 570mm at the bottom and 610 at the top. My biggest gripe is that nothing or very little in my house has anything in common with the show houses in the shed from which they sold me the house. The windows have been changed, the shutters changed, the floor tiles changed, the suspended ceiling tiles changed, the exterior doors now open inwards and will knock against the bed, and so on. If you can accept the changes made without consultation from Fadesa, then 1 week of DIY will probably fix most of it. The house was filthy, but again, its only cleaning. But why should we? Don't be put off though, in the end I think it's going to be great given a bit of time.
I saw a note from Val stating that M6 would not complete until end of July. From what I saw last week I would be very surprised if end of September were
possible, but this is only my view and a complete guesstimate on my part. Again, I don't want to upset anyone with my views, but I feel they are realistic. Re completion without the licence, my solicitor told me not to, under any circumstances , complete without the licence. Needless to say, I won't be. My solicitors company name has two letters in it, and they are based in Ayamonte, they are fantastic.

Originally Posted by Val D
Hi rogerbilko
You have worried me a little with this post, can you tell us what was wrong with the house? We have already completed on an apartment and we were satisfied with the finish, however we have also reserved a townhouse on the next phase and I am concerned now that these will not be up to the standard of the apartments. Any details will be appreciated
Regards
Val
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Old May 17th 2006, 12:17 pm
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Default Re: Ayamonte - Costa Esuri - Part III

I suspect you may have misunderstood what your solicitor was saying as a Notary never completes but merely Notarises. In English lay terms the best way I can think of describing their role is as "appointed by the relevant jurisdiction to act as official witnesses in testifying to the signing of legal documents".

You will need to ask your Lawyer if I am right but I suspect that their advice was much the same as this................

A. Under NO CIRCUMSTANCES should you complete until the licencia de primera ocupación is in place

B. It is against the Law of Spain to try and force you to complete before the licencia de primera ocupación is granted.

C. If you complete before the licencia de primera ocupación is granted you have NO right to occupy the property until it is granted.

D. Until the licencia de primera ocupación is granted you will have no legal connection to water, electricity, gas or telephone.

E. If you then use the builders water and electricity supply, even with their consent, you can be charged with theft and fraud.

F. Any insurance company insuring a property without being told it does not have a licencia de primera ocupación could easily argue the contract itself or specific clauses are void or voidable and avoid a payout.

I suspect they will also agree that a Lawyer acting for British Purchasers on CE that assures them it will be fine to complete without the First Occupation Licence should be reported to their Colegio. I guess they may agree lawyers acting for both sides who have failed to disclose a potential conflict of interest should be as well.

My advice would be stick with your solicitor as they seem to be doing a good job for you and advising you NEVER EVER to complete without a licencia de primera ocupación.

Best

Loco





Originally Posted by Den H
We are also confused, as our solicitor has told us that the Notary would not complete without The Certificate of first Habitation.

Dennis & Gill

Last edited by Loco; May 17th 2006 at 12:46 pm.
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Old May 17th 2006, 7:49 pm
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Default Re: Ayamonte - Costa Esuri - Part III

Hi Loco,

What a scholarly response. Worthy of Professor Rosenberg on radio 4. I am sure that this is the best advice.

However if someone has been put off several times made abortive flights and booked flights and leave in anticipation it introduces a different set of pressures. I can well understand a risk assessed decision to go ahead.

Take the middle class professional Spaniard who completes in Madrid on a property in CE in front of the Notario without a solicitor knowing that the "t's" are not crossed and the "i's" not dotted but he knows that the company is "good for the money". Why would he do it going into winter when he might only use it for a couple of weekends before spring arrives and all the paperwork is complete. It can only be the manana attitude.

Do we Brits worry too much? Or is is all the true scare stories that we have heard, seen and read about on the Costa's that make us so different to our Spanish neighbours.

Regards,

John.
Originally Posted by Loco
I suspect you may have misunderstood what your solicitor was saying as a Notary never completes but merely Notarises. In English lay terms the best way I can think of describing their role is as "appointed by the relevant jurisdiction to act as official witnesses in testifying to the signing of legal documents".

You will need to ask your Lawyer if I am right but I suspect that their advice was much the same as this................

A. Under NO CIRCUMSTANCES should you complete until the licencia de primera ocupación is in place

B. It is against the Law of Spain to try and force you to complete before the licencia de primera ocupación is granted.

C. If you complete before the licencia de primera ocupación is granted you have NO right to occupy the property until it is granted.

D. Until the licencia de primera ocupación is granted you will have no legal connection to water, electricity, gas or telephone.

E. If you then use the builders water and electricity supply, even with their consent, you can be charged with theft and fraud.

F. Any insurance company insuring a property without being told it does not have a licencia de primera ocupación could easily argue the contract itself or specific clauses are void or voidable and avoid a payout.

I suspect they will also agree that a Lawyer acting for British Purchasers on CE that assures them it will be fine to complete without the First Occupation Licence should be reported to their Colegio. I guess they may agree lawyers acting for both sides who have failed to disclose a potential conflict of interest should be as well.

My advice would be stick with your solicitor as they seem to be doing a good job for you and advising you NEVER EVER to complete without a licencia de primera ocupación.

Best

Loco
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Old May 18th 2006, 12:40 am
  #2190  
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Default Re: Ayamonte - Costa Esuri - Part III

Loco's advise is spot on, very wise and as always he posts intelligent and helpful info.....thanks Loco.

BUT, are we the "loco" ones ????........ because despite all you say Loco, and it all makes sense, we have still instructed our solicitor to go ahead.

We want to get this sorted, we want to furnish, we have cars, flights etc booked and paid for, leave from work arranged and family we do not want to disappoint. We do believe that the licence will come through and have everything crossed that the paperwork is all finalised by the end of May as Paula has advised. Our solicitor (Gallardo's) have assured us there will not be a problem so we are going ahead.

It is really each to their own and under different circumstances we may have waited but have decided to bite the bullet.

Just hope we have made the right move.....we shall see.

Thanks again Loco for going to the trouble of raising those points, can't say you didn't warn us but hope we don't regret not taking your advice.

Regards to all

Mel and John
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