dg123

Thanks for any help .Have you only payed half of the purchase price like myself . Surely if they haven't kept to their promise of shopping center being completed and problems occurred no electricity at one stage for at least a few years after the date stated for completion the contract has been broken . Nothing has moved on ,Its taken four years to long . Do you think that this would be reassemble to fight for my deposit back .

Ayamontino

DG,

Don't want to dampen your hopes but you have to be realistic. If you read your contract for your plot purchase there is no mention of shopping centres or hotels. These were all aspects of Esuri sold to buyers as part of the overall package and not specific contractual terms.

The only reason for you not to complete on your plot would be if the utilities specified in the contract were not provided ie electric, water and gas. I think you will find these are now available and therefore MF are not in breach. Right now I don't think any plot purchaser has many contractual issues they could argue with against MF.

This is just my personal opinion and I am not a lawyer. So take legal advice, but I would not build your hopes up.

I think the TV programme on ITV shown last week gives false hope to many people, who, if given the opportunity would pull out of buying. However CE is nothing like some of the developments shown on the programme. Other than the shopping centre and the hotel there is little left to be completed by MF.
The whole complex is 90% finished bar the plots and what is mentioned above.

There are alot of people on this forum who like to say 'I told you so', 'we have been living here for years you should have listened to us', but to be quite honest they have never been to CE and don't know what it is like.

Fortaleza

Where in your contract does it say "Only pay when we've done the shopping centre?" That's a contract I'd love to see anywhere in the world let alone CE!!!!

There's really no reason why you couldn't have built on your plot before now apart from your personal reasons - which of course are perfectly valid, but do not constitute a breach of contract.

As for selling, this, unfortunately, will be extremely difficult. With the ridiculously low prices resales are being offloaded at the moment - and even these are proving hard to shift despite the bargain basement price tag - it'll be tough. If you have the cash, do the build and hope for the best. If you feel it is throwing good money after bad, try and conviince some mug back in the UK who knows relatively little about the place to take it off your hands. Sounds brutally harsh, but that is arguably your best option. Someone green who has little or no knowledge of the baggage the place has got and will just see the price as too good to refuse has got to be your way forward. And if you let them see the place in Summer, at least there'll be the perception that it isn't the ghost town it actually is.

I know of a couple of people who are dealing with what I believe are termed 'Distressed' properties (I alwas find that term funny - it's not as if a house can go to a shrink FFS!!!) so if you want to PM me the details I can pass them on, or if your Spanish is up to scratch I can give you their details and you go to them directly

dg123

Thanks for the reassurance . One thing you did not mention was when i purchased the land ,it was mentioned that after two years the plot would be ready in place . Its only been since last year that electric has been sorted out . So surely this is grounds to go on . ,because they were late in handing over the plots regardless of "now." Because of the long wait my circumstances changed due to unable to wait any longer . Why do you seem so negative to-wards the whole thing . Its sad to have people like yourself jump on the the band wagon and be on the side of a company that haven't helped their clients

Mitzyboy

I dont think its that dg. This is Spain. Litigation is never that simple, and takes a long time as well as costing a lot of money. I just think people are being realistic and not raising your hopes

For instance the plot being ready "mentioned". Is that in your contract

Ayamontino

Dg,

Sorry if you think I came across as 'jumping on the band wagon'. Far from it, I was trying to give you a realistic assessment of your options against MF.

Litigation will be very difficult and costly and I think most 'honest and decent' lawyers would tell you the same. I understand your personal situation has changed but I think in legal terms it will be difficult to take action.

I certainly am not on the side of MF. Like I said, take legal advice. Don't use any firm in Ayamonte, I would recommend somebody like Gloria Crespo or somebody else independent and free from ties/conections with MF.

Fortaleza

Good advice - in fact I would go a stage further and say to avoid Gloria in a case like this too, not that I'm saying she is bad in any way. I believe she has helped a lot of people. What I mean is try to get a lawyer who has absolutely no connection, no matter how small and insignificant, to MF or CE.

There are a number of excellent lawyers in nearby towns such as Lepe, Isla Cristina, or even Huelva city itself, who have had nothing to do with MF or CE. That you would need someone to translate may be seen as a drawback but I'd argue that this way is better as you widen the field of best lawyer available. The options most people go for is to get the best lawyer in the area who speaks English (which is only a handful of firms) and are subsequently hired for their language skills rather than their legal prowess - which is possibly why so many people may have been left disappointed by the various lawyers they have used in the area.

dg123

Sorry if I sound of...but you got to understand I moved to ayamonte with my family to start a new life payed 20 000 euros for a project had a lovely villa designed also payed to have ground checked to build another 5000 euros .Anticipating to build our dream villa but when there was no electric available we decided to wait until it was available by the time it was available there was uncertainty about the whole coasta esuri . This changed our outlook on the whole situation . My wife started to to feel low because having a young family we needed to feel settled . So because of the situation we decided to move back to England . This is where i stand now .I have a lovely designed villa on a very nice plot only payed half need to pay for the other half . My wife don't want anything else to do with our plot "has "left the blame on me & my dreams . So I need to sell at a low price or try get some money back some how. Anyone can help me Please let me know Thanks

CAROL ELIZABETH

Hi dg
I am really sorry to hear about your situation and can fully understand your wife's position - I hope you manage to sort things out for you and your family. Unfortunately I think our fellow posters (forteleza and ayamontino) are right to advise that little is likely to happen - certainly in the short term. I now want to change my lawyer but cannot get a response to my request for a meeting. I am also worried no-one will take this case on as it is a poisoned chalice - would you take it on? I tried calling Gloria Crespo - left phone numbers but she did not call back. Perhaps she is inundated with requests for help! I think our colleagues are right - it has to be someone from out of town who can view it with a fresh perspective. Not having a decent command of the language leaves one in a situation that would never happen in the UK.

I have still not formally been asked to complete on my apartment - when the company went into administration there was no electric and the apartment bloques on my side were not ready for release - most are still empty and at the time pools were not ready. I had been trying for over a year previously to secure an exchange. I still maintain in spite of what has been said that I would be more than happy had I been able to secure it. However, the rise in the euro and the unwillingness of MF to negotiate on price (I mean charging more than a resale!) leaves me with no course of action.

When I looked closely at my contract I noted the date of completion had been left as a gap by my lawyer although I was verbally told a date some two years ago. On translation there appears to be nothing in the contract even about the communal areas. However, in the apartment spec (not the contract) there is reference to intended quality of the apartment. At best I am now expecting to cancel my contract - I have lost 60k and of course had I completed on the purchase at the expected time the euro was 1.40 or thereabouts. The only thing is that 60k was not 60k 2-3 years ago and I did not take out a mortgage to buy it. What I don't know is what will happen to 'my' apartment - I hear the unsold apartments have been cleaned so I assume there is a hope of sales ahead. At some stage I assume MF will wish to sell my apartment - how will this be taken forward when nothing seems to happen.

I guess wait and see is the best policy if you can afford it.

irishrover

I have recently completed on a plot.The story behind it is as follows.Both my self and my brother had paid deposits on town houses on manzana 5 totalling 140,000 euro.Thankfully the delay in electrical supply stopped us from completing and having mortgages we now could not afford.Having spent over 18 months harassing fadesa and with the help of paula in the shed we managed to transfer both deposits to the plot.I am aware of the signifigant fall in value but my view is at least i will now recouperate some of my money.Fort i would be interested in your knowledge of the percentage drop as i respect your local knowledge.Care to put a number on it? 40 % ???

Fortaleza

Pfffffff! Christ, no. I am not an estate agent so really couldn't give you a price only what I know from associates. On plots - as I said to Dg - I really have no idea where they are at the moment re value. That said, it wouldn't take long to find out. Re other properties, it is unfair to give a 'one size fits all' valuation. In some cases the reduction is well over 50%, in others no. What is true is that there are so many properties on the market for under 100,000 €, it is hurting the rest of the area.

Brizey

DG

Really sorry to hear of your predicament and sincerely hope things fare better for you in the near future.
If you consider the horse can get up and run again, don't lose out to speculative vultures.
If you can avoid legal challenge, save your money, as it would be as effective as an ashtray on a motorbike.

Jon-Bxl

I posted on the last thread that BBVA bank are apparentely selling off their stock of returned townhouses 3 bed for 109K (returned by individuals unable to pay mortgage, and Fadesa who couldnt pay with their problems apparently). I heard this a couple of times when I was there, recently. There was another bank too - but I forget its name.

I also heard that these banks are actually paying the community charges as well, so that is helping the residents, Fadesa is a big debtor here I think, and the biggest on our Manzana, I think.

This could all be unsubstantiated 'hearsay' as I have no more back up than that. So dont hold me to it. Also please dont ask me how to find out more as I dont know the details.

If you are not a totally 'distressed seller', perhaps this is an investment to hold for the long term.

DG it will take years through litigation when you will not see your money, paying legal fees as well. It will probably be a real hassle and disappointment too.

Alternatively go to the 'wolves', who will give you a fraction of what you paid - however you will be shot of the property and any further charges... and importantly any major hassles and distress.

Whats that about rocks and hard places?

I am disappointed to hear from Carol that Gloria Crespo did not even return calls/emails. Even to say she is too busy. She had created a lot of goodwill on this forum as the only recommended lawyer that I personally saw during my time on this forum (by several people - as opposed to a single recommendation) She actually gave a good service to her clients in reality, according to the posts. Again my caveat is that this is just my impression, its really an unscientific poll as I mentioned before. Im keen on this subject as I have been very unhappy with my lawyer - and couldnt use them again.

I still search for a good one for future use, however I will keep her details as I hope that once a client, she will then deliver, as she appears to have done previously.

Also as I posted before having a UK lawyer may sound an expensive option, but worth at least considering, as they are bound by law society rules, and hopefully dont have a list of unsatisfied customers. The cost of having an unresponsive lawyer in Spain can soon add up, e.g if you are forced to fly in and meet him/her, push him/her etc.

Im glad we completed before all this blew up and we have our property to use and enjoy, even though the value has dropped (not many other investments have risen in this crisis - and you cant live in a stock or investment fund and have a great laugh!!). We are in it for the long term and have a lot of fun there, spending some months a year and still not coming close to 'getting bored'.

Regards
Jon

EsuriJohn

Hi,

I have in the past one of those who has recommended Gloria Crespo and still believe that she would do a good job if you or Carol Elizabeth could make contact.

There is one other lady lawyer that I would recommend but she works down in the south of the CDLL at the Gibralter end so may be reluctant to take on a job so far north. She is a graduate of Sevilla and knows this area and does take work on the CDS. She specialises in consumer law and has succeded against the builders on that coast. She has helped me for free via the internet on questions I have posed and I find her range and knowledge of the consumer law in Spain excellent. Her name is Maria de Castro and if you google her you will find lots on the interweb about what she has done and is doing.

Regards, John.

EsuriJohn

Hi Gerry and welcome back,

I still believe you could do worse than Piers and Juan Manuell we have now nearly got there we have our Licence and have spent 4 months in our villa and to swim in your own pool overlooking the eighth as the sun sinks in the west is truly amazing if a little lonely up there on the hill but it can only get better. Jump in and join us CE is a great place to be but don't expect to make money anytime soon.

Rgards, John.