billybassett

This does, on the face of it sound like good news, but I have yet to hear anything from Fadesa directly, and I find this news a little strange as when I spoke to Alex in the London office last week, I was told that London had absolutely no involvement in this matter, and that all was being dealt with on site at Costa Esuri.

Can you let me know who provided the information, as I need to chase this up urgently.

Many thanks,

Karen

Dean

Hi Karen

Lucia in the London office. A meeting was held there today to discuss this issue.

regards,

Dean
dean

billybassett

Hi all,

We have spoken at length to Alex at Fadesa in London today. He has given us all the information they have been given, and we had the opportunity to ask many questions about the duplex situation.

He has confirmed that this has now reached a high level in the Fadesa organisation, and also that a team of specialist designers and architects will visit the site next week to assess the situation. It will then be about three to four weeks before they present their solutions, so we should be prepared for a bit of a wait.

At no point did he say that the air conditioning units would be removed. At no point did he say that the terraces would be reinstated as per the plans we were all given. We asked him straight if this was happening, and he said he did not know, and the company did not know. All options are still on the table; as above, and also compensation and work to screen the offending areas.

We believed he truly was being as honest as possible with us, which I prefer rather than being fobbed off.

At least something is happening but I'm afraid it isn't the fantastic news as presented earlier in this thread.

We will all just have to sit this out, wait and see. We said we would contact Alex weekly for updates, as I am sure after the site vsit next week, they will have some idea how to proceed.

Karen

Dean

Karen

Thanks for this; i was only relaying what Lucia said, also from the London office; i wonder if the communication between them internally is as bad as Fadesa's external communication to its clients. I am now rather confused but as said earlier in the thread, we were also assured that the a/c units were being taken out; who do we believe????

Dean

Carol&John

Hiya,
Haven't received a formal reply to the fax sent to Fadesa, but John spoke to the shed yesterday, and his information was similar along the lines of Fadesa sending in a team of experts to review the problem and coming up with a solution within 10 days. So, I would not consider that to be a definite "no a/c units on the terrace scenario" until Fadesa puts it in writing. Having considered myself to be a fairly "laid back" person, this fiasco tops the bill for "spot the donkey(Fadesa y yo)/ human error(Fadesa y yo)/couldn't care less about others (solo Fadesa)" headlines. I include myself, because I am STILL hanging on to the hope that Fadesa will make good. Pardon? Did someone say "hee-haw"?
Hasta luego mis amigos esurianos!
Carol
p.s. Looks like July's holiday will be spent in that tent! I haven't got my mind focused on the next hurdle: water and electricity supply.
p.p.s. Nearly forgot! The electicity box/tardis type on the terrace is a telecom box. (That should go too)

Woodzie

Hi Everybody.
We have just returned from Esuri. Our solicitor has told us that some Fadesa bods from Madrid are going to visit & meet with her & other buyer representatives to discuss 'a compromise/solution' within the next couple of weeks. Of course they will proberbly have to go back & think about the solution. Our solicitor has said that Fadesa recognise that they have to do something as the publicity is bad for them. It would appear that the problem is not being ignored.
We found this encouraging.
Regards Kim

billybassett

Welcome back Kim,

hope you had a nice break out there. I believe the weather has been wonderful.

We're all keeping our fingers crossed that this can be sorted out successfully. I'm not thrilled about waiting 3-4 weeks to find out what is happening, but I suppose we must be patient, and hope for the best.

Karen

EsuriJohn

Hi All,

Just back from two weeks in Cyprus, best ever Cyprus holiday, and taking time to catch up with the various threads.

It is good news to hear that Fadesa are taking notice at last of at least one very serious problem. However the thought occurs to me that the solution is not wholly in their hands now that handovers have started and occupation is taking place.

My understanding is that the property at Esuri is bought "freehold" subject to the interest of the communidad. If this is the case, and unless Fadesa retain some draconian covenants they are removed from the picture.

The aircon units are installed after completion and are individually owned by the freeholder although a part is installed on a flying freehold somewhere else in the building.

So I'm billynomates and I have bought the cheapest noisiest external unit that I can find had it installed exactly as required by Fadesa in a location as directed by them. NOT ON MY SMALL TERRACE.

Along comes the brains trust from head office and says the solution is:-

1. All units have to be installed within my own property. No way my terrace is too small and anyway I have a flying freehold elsewhere for just this use.

2. or they will provide super insulation to the area of the flyng freehold and we must install super quiet (and expensive) external units there. But I'm awkward billynomates and I have already spent my wad and I'm alright jack so Fadesa can keep out of my castle.

Not a happy scenario but one which is repeated every day in UK in other circumstances such as Laylandi. Perhaps we will now see the wisdom of the Spanish way and the Communidad and the Law of Horizontal Property will come into its own and the problem will be solved despite the inevitable "billynomates". Good luck to all sensible and reasonable duplex owners I hope the brains trust gets on top of this without delay and produces a solution very quickly.

Regards,

John and Kath.

Carol&John

Hola! Maybe Fadesa needs this bad publicity to make them shoulder some responsibility. The word is: CHAPUZA (When something has not been well executed/done.)
Hi John,
Thanks for the post .
Well, Fadesa can't have it both ways. Selling terraces as freehold, and then taking away same terrace for equipment. Flying freeholds? I don't know if they make a/c slave units that hover in the air? Oh, perhaps it's that dang telecom/tardis up to no good...
I really do need a "smilie" with tears squirting outta its eyes!
Regards,
Carol

Woodzie

Hi John
Welcome back, I was about to ask where you were. What you say is in the back of all our minds I'm sure. This could potentially be an on going long term problem. Nigel & I are quietly optimistic having visted last week. It doesn't seem so shocking second time around and our solicitor seemed to think it would be addressed so we can only wait. We found ourselves pondering what we would do to make improvements should Fadesa not be quickly forthcoming with a solution. For us the duplex is still our lovely chill out zone. We will overcome one way or another.
Regards Kim

Jon-Bxl

Hi Everyone

Ive subscribed to this thread - but promise no talk of GPS!

It was a real pleasure meeting Karen Simon and the kids in Ayamonte. Its very sad that all this hassle has happened to such a nice family!

I would like to recommend that any "important" letter is sent by registered post. Keep the receipts stapled to a copy of the letter. Too much talk of unreturned emails faxes etc.

Here in Belgium it is the recognised and legal way for sending serious comms, and actually people then sit up and feel more obligated to respond - when they have signed. You have the proof also of course, and legally people are required to respond to complaints.

Karen and Simon have done the same as me bought of an agent who bought privately and used his agency to market them for him. We all have assigned contracts. I wont go into the HUGE issues we had last year - trying to get an unnassigned contract direct from Fadesa. We didnt like the assigned contracts, and were promised unnassigned ones - through a process which isnt normally used. There were some reasons for this, not in the least I didnt want to pay Capital Gains Tax on the salesmans profit. Because on sale the original price is used as the base (I think). Other reasons too. We have a case now to declare the full price we paid at least.

It shows that huge profits can be made through the off plan route, if you have the infrastructure to sell your properties. Going to a spic new development and setting up an office there is a great way to tap into that market. For that frankly you cant blame the salesman. It was us that bought - he's just doing business for himself. As long as he does it legally and declares properly - he's done nothing wrong.

There is no excuse for not returning calls and emails however.

I do think also that if you are considering serious legal action, you dont use a local lawyer. A bit of 'muscle' may be needed here, I feel... as Loco (someone I respect a lot) thinks there still may be a case against both Fadesa and the salesman. Perhaps Loco knows of a good lawyer - I may have someone I can ping on email in Marbella/Murcia as well... dont know if he will be interested, but I can ask if you want.

Now we've got this safety thing with the pools (see main thread) - what a drag! I dont see completion this summer now... or put it this way I dont think I will complete whilst I have concerns and as long as I can hold out, whilst issues continue.

Thanks for all the efforts everyone .. I hope we are getting somewhere as a result of all this, and that these people coming over from head office are really in authority

Jon

billybassett

Good post Jon,

will PM you later this morning when the baby goes to bed. Thanks for the advice about the potential implications of an assigned contract. :scared: The dreaded CGT issue. No way did I think they could try to get the gain from the original contract price!!!!!!

Our solicitor sent a burofax over 7 days ago, so I'm expecting a response from that today. I've also put a few questions to our solicitor about his independence and whose best interests he is serving? I await a response.

Just a small point about the full contract from Fadesa. We have had an independent solicitor look it over, and the opinion is that our consumer interests have not been protected AT ALL! IN ANY WAY!

Nowhere in the contract does it mention penalties for late completion, or even mention a completion date. This means that Fadesa can complete whenever they like with no consequences. It does mention consequences for us though if we fail to complete when they tell us or if we were late making payments. It is what is known in Spain as an abusive contract. Shame I didn't know this when we were advised by our solicitor that the contract was a good one, and one which saw our rights fully protected.

On a final note, all please watch Watchdog tomorrow at 7pm on BBC1. It is about rogues on the spanish costas, and some people from the spanishpropertyinsight forum are on there. Should be interesting.

Karen

Jon-Bxl

Hi I just did something I should have done long ago... calculate my rear terrace area.

Last year when I came there was this horrible tardis box sitting on my terrace, this year I was so pleased to see it gone, I didnt think about it further at the time. I took the measurements, for later, carried on with the snagging and only now have had time to check them out.

Lets face it with Fadesa you better check everything... yep... my terrace is smaller as an overall oblong shape promised, and they also have taken a chunk out. So I join the club.

Im guessing the simplest option is to replace the walls. Put them in as per the original specs they committed to, and expect us to put A/C boxes on our terraces, which I think is OK for them. Creating this useless communal area on top has caused the problem. Im sure there is a reason for this somewhere, but Fadesa have made changes to contracted specs without telling us!

Fadesa dont seem to fear the damage to their brand that this series of complaints about this and everything else they have done. They are successful and their stock price is going up and so they make the mistake by making customer satisfaction a low (non-existent) priority.

We live in an internet age and there must be hundreds of complaints on the main thread alone. They dont care.

Oh well the shareholders for a while are getting richer and they are raking in money.....

Regards
Jon

everyday friends

This is copy of an e-mail just received from our agent


Dear John. I have spokent to Fadesa about this and they have said that your
property should be ready in June. I would not base your holiday plans on
this deadline, but I hope that things will be ready for us by September at
the latest (we have two duplex properties that we are waiting for)

Your balcony comment also concernmed me as much as it did you and Paula in
Ayamonte explained that there had been a slight problem with only some of
the duplex balconies. She also highlighted that Fadesa were already dealing
with these clients to solve this.

But they didn't say which June

Carol&John

Hello everyday friends John,
Snap? But only the bit about June (maybe). I understood from Fadesa shed that the problem affected all duplexes, not just the earlier releases. Perhaps there is a "slight problem"( ) for some, and a bigger problem for others? It still remains a problem.
Carol