What would you do
Mar 7th 2007, 6:35 am
#1
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Thread Starter
Joined: Jun 2006
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Posts: 4,573
What would you do
In May 2004 we put a deposit down on an off-plan villa on an urbanisation north of Alicante, it should have been ready September 2005. In August 2005 we were sent a photograph of our plot......plot being the operative word as that is all it still was!! We went over in the September and saw for ourselves that the foundations were only just being dug. Had a long chat with our agent and some top guy representing the builders. Conclusion - we switched to another property, slightly larger and more expensive, but already built and promised to be finished in September 2006. This suited us and we went away happy.
We started to wind everything down in England in preparation for our move...come September we were told "it isn't ready, it will be next month" In October we were told "it isn't ready it will be December" In December we were told "it isn't ready it will be January" In January we were told.....you guessed!!! We went over in January to chat with our solicitor and she advised us we can pull out of the purchase if the contract goes over 6 months. As the contract states completion as no later than end of October 2006 that takes us to end of April 2007. I have since joined a forum board relating to the urbanisation and from what I have read most people have had to wait months over completion - some as long as 2 years! Also we are buying on Phase 2 and Phase 1 (although mostly occupied) still hasn't been 'handed over to the Town Hall' Now our dilemma, and this is keeping us awake at night....Are we being 'told' by forces unknown (I am a firm believer in fate) that this isn't right for us and we are being given a chance to change everything by pulling out. We could then go over to Spain and rent and look around at our leisure for another property.
Sorry to be so long winded but.....what would you do?
We started to wind everything down in England in preparation for our move...come September we were told "it isn't ready, it will be next month" In October we were told "it isn't ready it will be December" In December we were told "it isn't ready it will be January" In January we were told.....you guessed!!! We went over in January to chat with our solicitor and she advised us we can pull out of the purchase if the contract goes over 6 months. As the contract states completion as no later than end of October 2006 that takes us to end of April 2007. I have since joined a forum board relating to the urbanisation and from what I have read most people have had to wait months over completion - some as long as 2 years! Also we are buying on Phase 2 and Phase 1 (although mostly occupied) still hasn't been 'handed over to the Town Hall' Now our dilemma, and this is keeping us awake at night....Are we being 'told' by forces unknown (I am a firm believer in fate) that this isn't right for us and we are being given a chance to change everything by pulling out. We could then go over to Spain and rent and look around at our leisure for another property.
Sorry to be so long winded but.....what would you do?
Mar 7th 2007, 6:41 am
#2
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Joined: Apr 2005
Location: Kent - Gandia - Kent
Posts: 2,002
Re: What would you do
In May 2004 we put a deposit down on an off-plan villa on an urbanisation north of Alicante, it should have been ready September 2005. In August 2005 we were sent a photograph of our plot......plot being the operative word as that is all it still was!! We went over in the September and saw for ourselves that the foundations were only just being dug. Had a long chat with our agent and some top guy representing the builders. Conclusion - we switched to another property, slightly larger and more expensive, but already built and promised to be finished in September 2006. This suited us and we went away happy.
We started to wind everything down in England in preparation for our move...come September we were told "it isn't ready, it will be next month" In October we were told "it isn't ready it will be December" In December we were told "it isn't ready it will be January" In January we were told.....you guessed!!! We went over in January to chat with our solicitor and she advised us we can pull out of the purchase if the contract goes over 6 months. As the contract states completion as no later than end of October 2006 that takes us to end of April 2007. I have since joined a forum board relating to the urbanisation and from what I have read most people have had to wait months over completion - some as long as 2 years! Also we are buying on Phase 2 and Phase 1 (although mostly occupied) still hasn't been 'handed over to the Town Hall' Now our dilemma, and this is keeping us awake at night....Are we being 'told' by forces unknown (I am a firm believer in fate) that this isn't right for us and we are being given a chance to change everything by pulling out. We could then go over to Spain and rent and look around at our leisure for another property.
Sorry to be so long winded but.....what would you do?
We started to wind everything down in England in preparation for our move...come September we were told "it isn't ready, it will be next month" In October we were told "it isn't ready it will be December" In December we were told "it isn't ready it will be January" In January we were told.....you guessed!!! We went over in January to chat with our solicitor and she advised us we can pull out of the purchase if the contract goes over 6 months. As the contract states completion as no later than end of October 2006 that takes us to end of April 2007. I have since joined a forum board relating to the urbanisation and from what I have read most people have had to wait months over completion - some as long as 2 years! Also we are buying on Phase 2 and Phase 1 (although mostly occupied) still hasn't been 'handed over to the Town Hall' Now our dilemma, and this is keeping us awake at night....Are we being 'told' by forces unknown (I am a firm believer in fate) that this isn't right for us and we are being given a chance to change everything by pulling out. We could then go over to Spain and rent and look around at our leisure for another property.
Sorry to be so long winded but.....what would you do?
mmmm its a tricky one, shame you didnt find the forum before you put down your cash
Mar 7th 2007, 6:45 am
#3
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Re: What would you do
If we pull out we get our deposit back and legally should be entitled to double the deposit back as they (the builders) are in breach of contract.
Mar 7th 2007, 6:56 am
#4
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Joined: Apr 2005
Location: Kent - Gandia - Kent
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Re: What would you do
We did a lot of trecking backwards and forwards to Spain - Costa Dorado, Costa del Sol, even looked in Portugal, then decided on The Costa Blanca and this looked like a good deal. I think I have decided what we should do but just want to hear what other folks think.
If we pull out we get our deposit back and legally should be entitled to double the deposit back as they (the builders) are in breach of contract.
If we pull out we get our deposit back and legally should be entitled to double the deposit back as they (the builders) are in breach of contract.
wish you well whatever you decide
Mar 7th 2007, 6:58 am
#5
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Mar 7th 2007, 7:22 am
#6
Still young member
Joined: Feb 2007
Location: Marbella
Posts: 290
Re: What would you do
In May 2004 we put a deposit down on an off-plan villa on an urbanisation north of Alicante, it should have been ready September 2005. In August 2005 we were sent a photograph of our plot......plot being the operative word as that is all it still was!! We went over in the September and saw for ourselves that the foundations were only just being dug. Had a long chat with our agent and some top guy representing the builders. Conclusion - we switched to another property, slightly larger and more expensive, but already built and promised to be finished in September 2006. This suited us and we went away happy.
We started to wind everything down in England in preparation for our move...come September we were told "it isn't ready, it will be next month" In October we were told "it isn't ready it will be December" In December we were told "it isn't ready it will be January" In January we were told.....you guessed!!! We went over in January to chat with our solicitor and she advised us we can pull out of the purchase if the contract goes over 6 months. As the contract states completion as no later than end of October 2006 that takes us to end of April 2007. I have since joined a forum board relating to the urbanisation and from what I have read most people have had to wait months over completion - some as long as 2 years! Also we are buying on Phase 2 and Phase 1 (although mostly occupied) still hasn't been 'handed over to the Town Hall' Now our dilemma, and this is keeping us awake at night....Are we being 'told' by forces unknown (I am a firm believer in fate) that this isn't right for us and we are being given a chance to change everything by pulling out. We could then go over to Spain and rent and look around at our leisure for another property.
Sorry to be so long winded but.....what would you do?
We started to wind everything down in England in preparation for our move...come September we were told "it isn't ready, it will be next month" In October we were told "it isn't ready it will be December" In December we were told "it isn't ready it will be January" In January we were told.....you guessed!!! We went over in January to chat with our solicitor and she advised us we can pull out of the purchase if the contract goes over 6 months. As the contract states completion as no later than end of October 2006 that takes us to end of April 2007. I have since joined a forum board relating to the urbanisation and from what I have read most people have had to wait months over completion - some as long as 2 years! Also we are buying on Phase 2 and Phase 1 (although mostly occupied) still hasn't been 'handed over to the Town Hall' Now our dilemma, and this is keeping us awake at night....Are we being 'told' by forces unknown (I am a firm believer in fate) that this isn't right for us and we are being given a chance to change everything by pulling out. We could then go over to Spain and rent and look around at our leisure for another property.
Sorry to be so long winded but.....what would you do?
Personally I wold be hard, get your money back but I doubt you will get more without a legal battle which may take years - be advised by your lawyer and another one - then look around for a resale thats legal.
The one your going for doesnt sound right!
Good luck
Mar 7th 2007, 7:49 am
#7
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Joined: Jun 2006
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Re: What would you do
Lionda - with all the illegality around Spain, I know its your dream place but there will be plenty of others to go at and probably at better prices as well. Im based in Marbella (have property auction house) and we are having all sorts of properties handed to us. We work on an average reserve at 70-80% of bank value! And ensure the paperwork is legal.
Personally I wold be hard, get your money back but I doubt you will get more without a legal battle which may take years - be advised by your lawyer and another one - then look around for a resale thats legal.
The one your going for doesnt sound right!
Good luck
Personally I wold be hard, get your money back but I doubt you will get more without a legal battle which may take years - be advised by your lawyer and another one - then look around for a resale thats legal.
The one your going for doesnt sound right!
Good luck
Thanks for your input Rixxy. This is the way we are thinking right now.
Mar 7th 2007, 9:37 am
#9
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Joined: Mar 2006
Location: Oliva
Posts: 452
Re: What would you do
In May 2004 we put a deposit down on an off-plan villa on an urbanisation north of Alicante, it should have been ready September 2005. In August 2005 we were sent a photograph of our plot......plot being the operative word as that is all it still was!! We went over in the September and saw for ourselves that the foundations were only just being dug. Had a long chat with our agent and some top guy representing the builders. Conclusion - we switched to another property, slightly larger and more expensive, but already built and promised to be finished in September 2006. This suited us and we went away happy.
We started to wind everything down in England in preparation for our move...come September we were told "it isn't ready, it will be next month" In October we were told "it isn't ready it will be December" In December we were told "it isn't ready it will be January" In January we were told.....you guessed!!! We went over in January to chat with our solicitor and she advised us we can pull out of the purchase if the contract goes over 6 months. As the contract states completion as no later than end of October 2006 that takes us to end of April 2007. I have since joined a forum board relating to the urbanisation and from what I have read most people have had to wait months over completion - some as long as 2 years! Also we are buying on Phase 2 and Phase 1 (although mostly occupied) still hasn't been 'handed over to the Town Hall' Now our dilemma, and this is keeping us awake at night....Are we being 'told' by forces unknown (I am a firm believer in fate) that this isn't right for us and we are being given a chance to change everything by pulling out. We could then go over to Spain and rent and look around at our leisure for another property.
Sorry to be so long winded but.....what would you do?
We started to wind everything down in England in preparation for our move...come September we were told "it isn't ready, it will be next month" In October we were told "it isn't ready it will be December" In December we were told "it isn't ready it will be January" In January we were told.....you guessed!!! We went over in January to chat with our solicitor and she advised us we can pull out of the purchase if the contract goes over 6 months. As the contract states completion as no later than end of October 2006 that takes us to end of April 2007. I have since joined a forum board relating to the urbanisation and from what I have read most people have had to wait months over completion - some as long as 2 years! Also we are buying on Phase 2 and Phase 1 (although mostly occupied) still hasn't been 'handed over to the Town Hall' Now our dilemma, and this is keeping us awake at night....Are we being 'told' by forces unknown (I am a firm believer in fate) that this isn't right for us and we are being given a chance to change everything by pulling out. We could then go over to Spain and rent and look around at our leisure for another property.
Sorry to be so long winded but.....what would you do?
Aw mate !!! What a nightmare.
I'd personally pull out....and look around. Enjoy renting and no pressure for a while.
Hope it all works out hun....let us know ..keep us updated.
Big hugs xxxxx
Mar 7th 2007, 11:15 am
#10
Smarties
Joined: Jan 2007
Location: Liverpool, soon to be Hondon De Las Nieves
Posts: 238
Re: What would you do
Good luck whatever you decide. If I ever complain about service in a restaraunt I never do it during a meal because the obvious can happen to your next course
and I would feel the same way about kicking up a stink about the builders. I would not trust them to finish the house as well as they should after a complaint of sorts but thats just me maybe
Mar 7th 2007, 11:23 am
#11
Forum Regular
Joined: Jan 2006
Location: Billinge Wigan
Posts: 238
Re: What would you do
I'd buy a resale in a village, there are lots of nice ones not far from the coast in Andalucia and I imagaine Costa Blanca
Mar 7th 2007, 12:12 pm
#12
Forum Regular
Joined: Jan 2007
Location: Villamartin near the landing strip!
Posts: 69
Re: What would you do
A couple of thoughts.
Do you need the deposit you have paid for the next purchase? How would it be if they decided not to give up your deposit without a fight? If you have to wait 3 years to get your money back through the legal system might you find yourself priced out of the property ladder? Could the builders go bust in that time?
As the 6 months is approaching common sense seems to suggest get your money back and go elsewhere. Oh yes if it’s that straightforward fine, but what if its not? Maybe use the 6 month clause to your advantage and put some pressure on. Say something like we don’t want to pull out but we will if you don’t get a shift on! Let them finish it! OK it’s late but you will have a property that is yours that has probably appreciated in value since you signed and you can sell it on if you want.
Just some different views
Good luck in what you decide.
Do you need the deposit you have paid for the next purchase? How would it be if they decided not to give up your deposit without a fight? If you have to wait 3 years to get your money back through the legal system might you find yourself priced out of the property ladder? Could the builders go bust in that time?
As the 6 months is approaching common sense seems to suggest get your money back and go elsewhere. Oh yes if it’s that straightforward fine, but what if its not? Maybe use the 6 month clause to your advantage and put some pressure on. Say something like we don’t want to pull out but we will if you don’t get a shift on! Let them finish it! OK it’s late but you will have a property that is yours that has probably appreciated in value since you signed and you can sell it on if you want.
Just some different views
Good luck in what you decide.
Mar 7th 2007, 12:25 pm
#13
luna~sea..its a lifestyle
Joined: Feb 2007
Location: Getting In Touch With My Dysfunctional Side...
Posts: 1,926
Re: What would you do
A couple of thoughts.
Do you need the deposit you have paid for the next purchase? How would it be if they decided not to give up your deposit without a fight? If you have to wait 3 years to get your money back through the legal system might you find yourself priced out of the property ladder? Could the builders go bust in that time?
As the 6 months is approaching common sense seems to suggest get your money back and go elsewhere. Oh yes if it’s that straightforward fine, but what if its not? Maybe use the 6 month clause to your advantage and put some pressure on. Say something like we don’t want to pull out but we will if you don’t get a shift on! Let them finish it! OK it’s late but you will have a property that is yours that has probably appreciated in value since you signed and you can sell it on if you want.
Just some different views
Good luck in what you decide.
Do you need the deposit you have paid for the next purchase? How would it be if they decided not to give up your deposit without a fight? If you have to wait 3 years to get your money back through the legal system might you find yourself priced out of the property ladder? Could the builders go bust in that time?
As the 6 months is approaching common sense seems to suggest get your money back and go elsewhere. Oh yes if it’s that straightforward fine, but what if its not? Maybe use the 6 month clause to your advantage and put some pressure on. Say something like we don’t want to pull out but we will if you don’t get a shift on! Let them finish it! OK it’s late but you will have a property that is yours that has probably appreciated in value since you signed and you can sell it on if you want.
Just some different views
Good luck in what you decide.
I absolutely agree with the post by Mr Impish.
Our experience with off-plan property is that they are usually way off the mark regarding completion dates. We have a property right across the road from us that was supposed to be completed by December 2005. It has JUST been completed (as far as building works are concerned), but they still have not got the Cedula de Habitacion (habitation certificate) from the Town Hall and therefore cannot be given electricity by Iberdrola and until that time, the builder cannot hand over properties (flats in this instance) to the owners and sign final deeds with the Final de Obra papers from the Town Hall.
There is also the case of developers that try to get people to pull out because the value of the property has risen so significantly that they are at a point where they can sell these properties on at a higher price!
Do some research and ask for advice from your solicitor.
I wish you all the best in the decision you make.
Mar 7th 2007, 12:57 pm
#14
Drunken Monkey
Joined: Mar 2006
Location: Playa Flamenca
Posts: 906
Re: What would you do
Get deposit back, and then rent for 6 months to a year while you look around for your perfect home thats already built and for sale.
Mar 7th 2007, 1:34 pm
#15
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Thread Starter
Joined: Jun 2006
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Re: What would you do
You are all such lovely people, thank you for all of your replies and advice It helps to share this as I have been worrying and not sleeping over this 
I have just come off the phone after talking to our mortgage broker...I recommend him highly by the way if anyone needs his details pm me. He has told me that he has been phoning the office and after being fobbed off a few times he finally managed to speak to someone who has assured him that the registration has been applied for to the Town Hall. The bank has also been on to the builders asking for this paperwork as they are ready to release the funds. So pressure is being put on the builders. We have been told that we could pull out after the deadline if we wish but to take legal advice first as the builders could argue that the registration has been applied for and therefore they are not actually in breach of contract So we think the builders may now get a move on
This has been playing on our minds for such a long time now it will be such a relief when it is all over.
It helps to share this as I have been worrying and not sleeping over this I have just come off the phone after talking to our mortgage broker...I recommend him highly by the way if anyone needs his details pm me. He has told me that he has been phoning the office and after being fobbed off a few times he finally managed to speak to someone who has assured him that the registration has been applied for to the Town Hall. The bank has also been on to the builders asking for this paperwork as they are ready to release the funds. So pressure is being put on the builders. We have been told that we could pull out after the deadline if we wish but to take legal advice first as the builders could argue that the registration has been applied for and therefore they are not actually in breach of contract
So we think the builders may now get a move on This has been playing on our minds for such a long time now it will be such a relief when it is all over.