Bryan G. Singer

Hi everybody. I've been reading this thread on and off for a couple of months but I've at last taken the plunge and registered as I would like to inform you all of something that's really got my back up about Fadesa.

My wife and I have been in Spain some years now but have been living near Ayamonte for only 9 months now. We like it here very much but have found some of the goings on a bit strange (I'll leave that for future threads!!!!).
Yet I found out yesterday from a friend who's bought on Esuri a rather fishy story which stinks of corruption. I had to do a bit of investigating - trenchcoat and all!!! - but here's the deal:

My friend bought with Superior but I suspect Fadesa have sent out similar letters. Regarding completion, we are told "the offices of the notary that the developers use for Costa Esuri purchases is located in Punta Umbria, 30 minutes drive from Ayamonte"
PUNTA UMBRIA?????? Do any of you know how far away that is? It's not 30 minutes I can tell you.

Why has this piqued me so?

Well, the reason I know this is because my friend wants me to accomany him on his completion day to act as translator thinkning it wouldn't take long as it would be done in Ayamonte. He tells me we must go to Punta Umbria, a ninety minute round-trip.
I started to wonder why Punta and not Ayamonte. Mercedes the Ayamonte notary is a lovely woman and has certainly done Fadesa work on many occasions before. Would it not make sense to use the local notary rather than one roughly 60km away?

The more I thought about it, if for some reason Fadesa had fallen out with Mercedes (highly unlikely I feel), then why not use the next nearest notary? In fact, there are FOURTEEN (14!) notary offices before you come to Punta Umbria, four of which are within 15-20 mins of Ayamonte.

What are Fadesa up to? Why specifically do they want to use Punta Umbria?

After a bit more digging, I found out that it may not be Fadesa per se but more an agreement between a high-up local Fadesa employee (name and position not divulged to me but I'm on the case!) and the Punta Umbria Notary Carlos Toledo. If this is the case then it really stinks.

Mr Toledo is quite an expensive notary by all accounts - he charges in the region of 900 € for escrituras (deeds) whereas in Ayamonte it's more like 500 €. In Isla Cristina (15-20mins from Ayamonte) it's around 550-600 €. So, whichever notary gets to do the Esuri handover is going to make a few sheckles.

Why go to the most expenisve unless someone has a vested interest. What annoys me is the suggestion that someone working in Fadesa is also going to cash in off the back of all you unsuspecting buyers.

Surely using the Notary nearest to you is the most logical solution?

It has been suggested to me - although I have no proof - that a deal was struck between Carlos Toledo (P.U. Notary) and this hitherto unknown Fadesa employee regarding the 5 properties Mr Toledo bought on Esuri.

After consulting with my lawyer, I've advised my friend that we will NOT be signing in Punta Umbria but in Ayamonte. I feel annoyed that the letter sent to my friend presented the information as a fait acompli - kind of, You will use Punta Umbria and that's that.
My lawyer gave me this advice which I now pass on to you all:
YOU HAVE THE RIGHT TO CHOOSE WHICHEVER NOTARY YOU LIKE REGARDLESS WHAT FADESA IMPLY YOU MUST DO

So...in short: Fadesa are telling people they must go to Punta Umbria which is one of the furthest away and more expensive than other ones closer, because it appears someone is lining their pockets.

I'm still digging for more information - I will speak to the local paper Guardiana today to see if they know anything about it. I tried to contact Fadesa yesterday but they didn't have an answer for me. I will try again today.

In the meantime, if you've recieved the letter from Fadesa can one of you send me a copy so I can compare it to the one my friend recieved from Superior.

I strongly recommend you check out your alternative options before agreeing to use Punta Umbria notary.

Cheerio
Bryan "Columbo!" Singer

tednsharon

Well done Bryan it does sound extremely odd hopfully heads will roll at Fadesa for stitching people up like this.

Ted

Ragomuffin

Hi Bryan,
I faxed Pelayo the letter from Antonia at Superior as soon as I got about 4 or 5 weeks ago. When we met him the other week he said there is no way he is travelling to the Notary at Punta Umbria and will only deal with the Notary in Ayamonte. We’ll leave it to him, But you’re right it does stink.

Chris

Bryan G. Singer

UPDATE!!!

Spoke to the Guardiana paper and Jon said he would look into it. He thinks he knows who the person involved is but is going to check a few things on our behalf. He did say that I would need to show him a copy of the Fadesa letter. My friend has only got the Superior one so if anyone has one from Fadesa, please email me a copy so I can hand it on.

Jon also said that he's been told that in total 1500 homes are being handed over. Do the math - 1500 times 900 € is mega bucks!!!!

I spoke to Pelayo as well who told me that they had no intention of recommending their clients go to Punta when Ayamonte is far more convenient.

Can't get hold of Fadesa.

Bryan

matt begley

Cheers Bryan.

Keep at it - I look forward to buying you a pint!

Matt

The Guardiana

Bryan, you are a star!! Do you want a job??????

Good story you've unearthed. We'll certainly be running the story and I think heads may indeed roll at Fadesa (at least one will anyway!).

I can see you've already asked but I will need a Fadesa letter - the story won't have much legs without it!!!

The Guardiana

FADESA REFUSE TO GIVE AN ANSWER!!!

"I don't know what you are talking about" then PUTS THE PHONE DOWN without saying another word!!!!

Nothing to hide?

The Guardiana

La Coruña Office:

"We are aware of [the thread] but we are not going to make any comment on it." Belen Rey, Director of Communications, Fadesa.

So...they don't want to talk to the press. No surprise...but will they talk to Joe Public? I suggest some of you ring for info???? See what you get. Unfortunately Ms Rey knows my voice so won't fall for me putting on an act!!!

Bryan G. Singer

Just tried phoning you Jon but you must be out. Phoned Fadesa in Ayamonte but they won't give me anything. I've been promised a call back from head office. Tried Superior but the woman I need to speak to is on holiday.

Bryan

jono6395

Chaps - although it does look dodgy I agree, is it just possible that Fadesa have realised that with 6000+ completions happening, they need to apportion the work around the local notaries a bit?

Bryan G. Singer

No.

There are not 6000 completions - this is only phase one. There are I believe 1500 completions to be handled. They have not apportioned the work around. They are only using one in the area - the furthest away of 15 in total.
I received an email response from Belen Rey, Director of Communications for Fadesa, and I think she's got confused as this was DEFINITELY intended for the Guardiana paper, not me. She's threatening legal action against the paper!!!!!
I sent her what I had written earlier on here so she would know that we've been talking about it but I think she thought I was from the paper.
I think Jon should be pleased - you know you've really made it when you're getting sued!!!

jono6395

Well, I'll let you guys on with it then! I think a great deal of care is needed when making serious accusations against a company with a sound reputation. I'm not saying your wrong to raise the issue but there could be a simple explanation. Until now, the only grumble I have is that Fadesa could be a bit better at communicating the details of the completion plan eg I wasted quite a bit of time looking for a mortgage when they had a good wholesale one up their sleeve - but its only a minor grumble. They might do things differently to the UK, but it doesnt mean its necessarily dodgy! Just different.

Janet in Ayamonte

Hi Bryan

Many people in Ayamonte have been talking about your thread and I've read with interest what you have to say. Can you give me a way of contacting you as I have some information you'll find useful I'm sure. I've known about this debacle for some time and combining what I know with your information would be interesting for us both. I don't want to put my address or telephone on here. Maybe you could contact The Guardiana as Sandra who works there knows how to get in touch with me.

Janet

Janet in Ayamonte

Bryan,

D'OH!!!

Just figured out how to send you mail through this site!!!! If you're reading this before checking your email, I've sent you my contact details.

Janet

CarlosToledo

Punta Umbria, 7th October 2005.

Carlos Toledo, Notary Public of Punta Umbria.

I would like to clarify the following issues in response to the offensive contents and the accusations, which I must refute, that are suggested in the letter from BRYAN G. SINGER dated 28th September 2005:

1.- This Notary Public has not entered into any agreement with, nor does it receive any compensation from the company FADESA or any of its employees for my Notary's Office to be used for any business that they wish to conduct. Such agreements are illegal and punishable by law.

2.- The affirmation made about the price charged for deeds by this Notary's Office in relation to any other Notary's Office is totally false. Therefore the calculations in Bryan Singer's letter are wrong. The fees that Notary's Offices charge for a deed are the same throughout Spain. Notarles ARE NOT FREE to set the price charged for deeds. Instead, the State controls and regulates the price, which is the same for all Notary's Offices, and is calculated mainly in terms of the amount of the transaction.
Therefore the affirmation that this Notary's Office is more expensive than others is RADICALLY FALSE.

3.- It is true that, under the Spanish Notarial system, consumers ARE ENTITLED TO FREELY CHOOSE the Notary Public who they deem most appropriate.

4.- It is not up to me to explain the reasons why FADESA has chosen the Punta Umbrêa Notary's Office, rather than of one of the others. However, I would like to clarify that one of the decisive reasons is that my office is able to draft and explain the deeds in both Spanish and English, a language in which I am fluent enough, and is also able to furnish an official translation to each buyer. The Notarial Regulations provide for this possibility. However, I would like clarify that, as far as I know, FADESA has not excluded the possibility of the title deeds being executed at the Notary's Office of the buyer's own free choice.

5.- From the letter sent by Bryan Singer, I deduce that there is a CLEAR INTEREST in avoiding my Notary's Office from being used, for the reasons that he himself or whoever is behind hirn must know.

- It is unacceptable for Mr. Singer, if such a person does indeed exist, to make such serious and false accusations, without even knowing the Notary who he is talking about, even if he does consider that other fellow Notaries, with whom he does appear to be acquainted, are charming.

Signed CARLOS TOLEDO, NOTARY PUBLIC OF PUNTA UMBRÍA.