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shw
New Member
Thanks for the update, I intend to call Davide tomorrow and try to chase the licence up.... would like to get moving forward....... its too cold in the UK !
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lbro
New Member
hi i could understand the delay being the fault of the council if it was 1st march and the habitation had been requested bt LL rather than 26th may. it was qute evident the scheme was not finished until recently and i will asking my solicitor to point this out. i will aslo be advising our bank because as far as we are concered if leisure launch did not get the scheme passed fit for habitaion sooner that if their fault not the councils nor is it the fault of the buyers who should be able to have the penalty clause enforced through our spolicitors!
I have to say that the whole process has been a nightmare with LL being at the centre with broken promises of completion dates- our furniture is currently in storage in portugal just awaiting keys and paperwork!
I have to say that the whole process has been a nightmare with LL being at the centre with broken promises of completion dates- our furniture is currently in storage in portugal just awaiting keys and paperwork!
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symon
New Member
Hi all,
We are just as frustrated with everyone else it sound like. I have several emails from LL quoting completion dates end of Feb 10, then end of March 10, then end of April 10 seems like we just keep getting fobbed off!
Does everyone else have the same contract as us? Ours was signed on 07.12.07 with a clause that the seller has to hand over the unit within 30 months or a 0.5% penalty for every over run month must be paid to the buyer? Some of you have posted that the developer is already into penalties I would have thought all of us have the same contract in regards to dates??
As the 30 months for us is up on 07.06.10 we have instructed our lawyer to write to the developer to re-enforce this clause. Has anybody else started going down this route? We have also had to delay our furniture delivery and put it into storage we also think LL should be liable for these costs!!
The developer knows that the habitation licence takes 4/6 weeks therefore the development should have been 100% complete by end of April to meet the contract deadline clearly this was not the case as it was not complete when we visited in May?? LL can not use the excuse that it is out of their hands which they are highly likely to do!! We have requested written correspondence of when the habitation licences were applied for!
We appointed Algarve Ria for snagging and utilities would be interested to know if anybody else has and have you had your report back and have the items been dealt with?
Let’s hope it ready for the summer like promised!!
Regards
Si
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Cary
New Member
Our contract gives end Feb. as completion deadline. Don't know how many different versions there have been. Have contacted lawyers, but have had no reply from them either! Yes we used Algarve Ria for snagging. Have received initial report with promise of updates as repairs are carried out. If you haven't received yours drop Helena an email. She is generally very helpful. Doubt very much that you could get storage costs back, but we are definitely hoping that the penalties will be applied.
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Gibbo147
New Member
Called to Deeds
We have today received an email from LL with a call to Deeds on or before 24th June, the email, however, failed to use the word habitation licence. Our solicitor is checking re habitation licence.
We have expressed concern related to the pool area, we were last in Fuzeta on 17th May when there was no activity on the pool area, has anyone been since?
There were no rails up and the inside of the building was just a shell.
We feel that this should be completed prior to signing and have requested an up date from LL direct and through our solicitor.
Any comments would be appreciated even if they confirm no additional activity etc.
Cheers
Gibbo
We have today received an email from LL with a call to Deeds on or before 24th June, the email, however, failed to use the word habitation licence. Our solicitor is checking re habitation licence.
We have expressed concern related to the pool area, we were last in Fuzeta on 17th May when there was no activity on the pool area, has anyone been since?
There were no rails up and the inside of the building was just a shell.
We feel that this should be completed prior to signing and have requested an up date from LL direct and through our solicitor.
Any comments would be appreciated even if they confirm no additional activity etc.
Cheers
Gibbo
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phil jones
New Member
Hi there, We have had the same e-mail, our date is June 21st.
Our Solicitor is also checking on the habitation licence position.
Think the pool being completed prior to going to deeds is a dead duck as once habitation licence is granted for an individual unit, the developer can then summon to deeds and not sure that the pool being incomplete enables purchasers to refuse to complete and not find themselves in breach of contract with the penalty of loss of deposit !!
Phil
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bj_bazza
New Member
Hi,
we have also had the notice from LL saying that deeds are due on or before 22nd June. But as you say no mention of habitation license. I have asked solicitor to check.
As regards penalty clauses it seems that we all have the same contract but different dates. So the 30 months starts from when you signed the contract. For us that meant we should have completed in March so we have 2 months due already.
I have been told by our lawyers that if buyers claim he has made it clear that if notified by any client, he will not sign the deed and we’ll pass on that responsibility to the Municipality.
That means that for you to have the moneys for the penalty clause paid, you will need to complete for the full purchase price and then file a claim in court against the developer for the penalty clause. He will then, most probably, claim that amount from the Municipality.
Clearly if all the owners stand together this becomes a big issue for the developer. However it will potentially make completion messy and further delayed.
We all want to have the keys before the holidays so the temptation to pay in full and claim is tempting, but there are a good few thousand euro at stake here.
What are the views of other owners?
we have also had the notice from LL saying that deeds are due on or before 22nd June. But as you say no mention of habitation license. I have asked solicitor to check.
As regards penalty clauses it seems that we all have the same contract but different dates. So the 30 months starts from when you signed the contract. For us that meant we should have completed in March so we have 2 months due already.
I have been told by our lawyers that if buyers claim he has made it clear that if notified by any client, he will not sign the deed and we’ll pass on that responsibility to the Municipality.
That means that for you to have the moneys for the penalty clause paid, you will need to complete for the full purchase price and then file a claim in court against the developer for the penalty clause. He will then, most probably, claim that amount from the Municipality.
Clearly if all the owners stand together this becomes a big issue for the developer. However it will potentially make completion messy and further delayed.
We all want to have the keys before the holidays so the temptation to pay in full and claim is tempting, but there are a good few thousand euro at stake here.
What are the views of other owners?
GRAPEVINE
New Member
Good Evening Guys,
Do you honestly believe that a Municipality, anywhere in the world would get involved with contracts between buyers and sellers and allow itself to be taken to court and pay out moneys based on a clause put into contracts by others??????
I must admit, i have read the most incredible "tosh" on this post concerning what the developer has been telling you, this developer should be in Hollywood because they have a most vivid imagination together with the fact that you guys seem to believe everything they say!
I am no "Know it all" but fundamentally what can and cannot be done in the UK or Ireland is very much similar to Portugal, full stop.
Any way, good luck and don't give up, i have gone to see your resort and it is in a most amazing location.
Do you honestly believe that a Municipality, anywhere in the world would get involved with contracts between buyers and sellers and allow itself to be taken to court and pay out moneys based on a clause put into contracts by others??????
I must admit, i have read the most incredible "tosh" on this post concerning what the developer has been telling you, this developer should be in Hollywood because they have a most vivid imagination together with the fact that you guys seem to believe everything they say!
I am no "Know it all" but fundamentally what can and cannot be done in the UK or Ireland is very much similar to Portugal, full stop.
Any way, good luck and don't give up, i have gone to see your resort and it is in a most amazing location.
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symon
New Member
Hi everyone,
We have also had the good news today we have a date of 23rd June but can sign earlier if we wish! The habitation licences will be issued per apartment or townhouse and not as a development as a whole so yes they could be issued without the pool being complete! The licence must have been granted as the deeds could not be signed without them!
There should be no reason why the pool is not ready, it was ready at the beginning of May when we visited it just needed testing and railings fitting to top deck!! My only concern is the snack bar will not be occupied and I don’t think it ever will be it simply does not make business sense on such a small development it would never generate enough income for somebody to make a living out of it!
Before we sign we want all the snagging items completed and have asked our solicitor to get involved in this!
Has anybody got any idea of how long it takes to get utilities connected I’m hearing a rumour of 4/6 weeks this is not good if this is true? In regards to penalties the developer will be liable for 3 weeks costs with us if we decide to pursue further I’m not holding my breath as they will just blame it on the time it has taken to get the habitation licence from the council!
We do not want anymore delays now we want to get in for summer!!
Hope to meet you all soon!
Regards
Si
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Latitude Consulting
New Member
Habitation license has not been issued yet but its due to be issued pretty soon. Thats why they are scheduling deeds and informing evryone.
Regards
Regards
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symon
New Member
Hi,
Not sure if we are all in the same situation for whoever has purchased a ground floor apartment or a villa, i.e. who has a garden. The developer is not going to be landscaping the garden it is an extra at the buyer’s expense?? This seems wrong as the artist impressions of the development and the contract state that it is a landscaped finish!
I’m interested to see what everyone else is doing because LL has given us quotes of 2/3000 euros to have a landscaped finish which is outrageous!!
Regards
Si
Not sure if we are all in the same situation for whoever has purchased a ground floor apartment or a villa, i.e. who has a garden. The developer is not going to be landscaping the garden it is an extra at the buyer’s expense?? This seems wrong as the artist impressions of the development and the contract state that it is a landscaped finish!
I’m interested to see what everyone else is doing because LL has given us quotes of 2/3000 euros to have a landscaped finish which is outrageous!!
Regards
Si
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Vie 10
New Member
Hi Si
Does it really surprise you?
This is all starting to get tedious - I have emailed R2i for assistance and guess what.....silence! Quelle surprise!!
I guess it's a case of going back to the contract to read what is said. I will get mine out and make a post tomorrow.
Other bad news is that I am now finding Villas on sale for €317k and €329K. I guess it's not as bad as I had feared but it's still approaching 10% loss - and it's over 3 years - I know we can't blame R2i for the loss but they justified the sales price. Has anyone chased their lawyers to see what can be achieved with the Developer?
I'm over at the end of June 25-27 so will be seeing whether all is not lost?
Has everyone got their furniture packs, snagging and utilities sorted as I will be sorting those details then...hopefully.
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bj_bazza
New Member
Hi,
we were over at the end of April and the gardens were turfed and looked fine, so not quite sure what you mean by landscaping. All the villas we saw had gardens that looked like the visuals. Hope that allays your fears.
we were over at the end of April and the gardens were turfed and looked fine, so not quite sure what you mean by landscaping. All the villas we saw had gardens that looked like the visuals. Hope that allays your fears.
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symon
New Member
Hi
most of the villas had been landscaped when we were over in may but all had different features etc so the owners had been consulted not sure if they had to pay extra? We have a ground floor apartment and none had been turfed all had a small patio area and the rest of the garden was being left as rubble! We have already challenged the developer on this and they said this is how it will be left and it's upto the owner to sort something out! LL gave us some quotes to turf and it's about 3000 euros to sort out so we are obviously not impressed! The contract states to be landscaped within the inkeeping of the building and the artist impressions show turf so I have taken it up with our lawyer!
For all of you that have a garden I will keep you posted on how we get on!
Regards
si
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baobabz
New Member
Si
We are in a similar position in that we own a ground floor flat and are a bit p'd that they haven't done anything to the gardens, I have instructed our lawyers to take it up with the developers and will feed back to you what we hear. We are using Martinez etc. so wish me luck!
We are in a similar position in that we own a ground floor flat and are a bit p'd that they haven't done anything to the gardens, I have instructed our lawyers to take it up with the developers and will feed back to you what we hear. We are using Martinez etc. so wish me luck!
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baobabz
New Member
We were told by our lawyer the same thing regarding the penalty clauses. I also suspect they (the lawyers) were going to let it go but we have instructed them to make sure that we get the full amount owed. Our contract said they were to have completed by end of Feb so it is probably worth a couple of grand in total so worth fighting for.
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baobabz
New Member
bj_bazza
We absolutely agree that we all need to stand firm on the penalty clauses. At the end of the day they should have planned it better, as a developer in Portugal they must know what the municipalities are like.
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bj_bazza
New Member
Hi,
we are trying to complete this week but our lawyers Plataforma Legal are telling us that
a) habitation license has not been issued.
b) PL has been informed by the developer that he will accept no responsibility for the delay in handing over the property, since it was a Municipality fault. So if you wish to claim the indemnity clause you will have to file a claim in court.
This is ridiculous as we recieved a registered letter dated 26/05/10 from Cabana De Palha saying that the date for deeds was set as 22/06/10.
We will be going back now on the strongest terms.
Where is everybody else in the completion process?
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symon
New Member
Hi Bazza,
This whole purchasing process has been an absolute joke!
We also tried to complete this week however the bank informed us that the mortgage offer ran out on Sunday!! This really is laughable this is the bank that supposedly has close relations with the developer, so why would you have a mortgage offer that expires before the completion dates? Also the interest rate has gone up on the revised offer very convenient!! So now it’s a mad rush to get the bank to revise the offer in time for our actual slot for completion next Wednesday!
LL told us that the hard copy of the habitation licence was issued last Friday!! This whole process has just been full of lies and delays we just now have gone past the point of caring as nobody else seems to and we just want the keys now! This has been our first time buying abroad and will certainly be our last!!
In terms of compensation we are in no legal position for this as our contract stated the unit to be handed over no more than 30 months from signature of the contract date which will happen if we sign next week. Our issue is the misleading communication on completion of the development and the numerous amounts of false information and lack of communication from all parties!!
Good luck
Si
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MikeW
New Member
The good news is Habitation Licence issued yesterday, nominated solicitors on holiday for 2 weeks from this Friday!!!!
