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OLDFTB

Spanish Golf & Country Club

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Laugh...i nearly passed my fags around. Heres a letter from a Spanish property forum:

"Having purchased an apartment on a developement called "GRAN MIRADOR GOLF & COUNTRY CLUB" I and many others have discovered that there is no golf course. The developer now states that he is NOT obiliged to provide a golf course even though it was heavy promoted in the marketing and sales material. The developer now insists that purchasers should complete even though the apartments are in the middle of building site. I wonder if anyone has had a similar experience or has any idea of the legal situation."

Actually the legal situation is quite simple....you're f***ed!

Smoked up like kippers!!

I reckon the developer thinks Golf means "Go(l)f*** yourselves daft Brits...i got your money"!

This gives me an idea. I'm going to build & sell a huge development of villas & apartments but without the villas & apartments because i am "Not obliged to provide them". Actually, dozens of Spanish developers have already done that one haven't they?

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Laugh...i nearly passed my fags around.

is this it?

The resort is close to several outstanding golf courses, so come and play on over 500,000 square metres of courses. And the club has its own restaurant and a 5 star hotel.

Sounds like a fair description to me.

:D

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"Having purchased an apartment on a developement called "GRAN MIRADOR GOLF & COUNTRY CLUB" I and many others have discovered that there is no golf course.

I think this is about to happen in Morocco. Investors are buying into small developments that have 'beach and golf' in the titles yet there is no definite golf! (i hope there is a beach).

The reason people buy without doing thier homework - emotional. They go for these out of the way small sites (the developers are shady btw) because THEY ARE CHEAPER. In the end all they will get is a big snake bite.

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I think this is about to happen in Morocco. Investors are buying into small developments that have 'beach and golf' in the titles yet there is no definite golf! (i hope there is a beach).

The reason people buy without doing thier homework - emotional. They go for these out of the way small sites (the developers are shady btw) because THEY ARE CHEAPER. In the end all they will get is a big snake bite.

How would you know ?? You've never been there !

Oh sorry, I forgot, and friend passed you on a DVD.

;)

Sorry Dogbox, couldn't resist that :D

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This type of scam happens all the time - even in manchester - my solicitor told me about a development being marketed with a swimming pool, spa & gym - on completion the spa turned out to be a one small jacuzzi, the gym a small room with a couple of weight machines and guess what - no swimming pool - they tried appealing against it but were told it was not a material alteration to the original plans - mmm

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. The developer now insists that purchasers should complete even though the apartments are in the middle of building site. I wonder if anyone has had a similar experience or has any idea of the legal situation."

i am "Not obliged to provide them". Actually, dozens of Spanish developers have already done that one haven't they?

And you spoke with a spanish lawyer ? I guess not. The developer is obliged under Consumer's law and under Publicity law.

Applying Consumer Law generally involves litigation but it can be used as a threat against the developer if the breach is clear, such as in your case. They cannot include a swimming pool/golf course in the publicity and brochures and then not build it. It's contractually binding for them If the swimming pool/golf course appears in brochures, promotional videos, computer simulations, plans, sales office with scale model of the whole development etc...

Another matter being is that you don't want to sue the developer because it will be expensive, although you'd win for sure.

And beforeyou ask, yes I'm a spanish lawyer.

Edited by Drakan

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And you spoke with a spanish lawyer ? I guess not. The developer is obliged under Consumer's law and under Publicity law.

Applying Consumer Law generally involves litigation but it can be used as a threat against the developer if the breach is clear, such as in your case. They cannot include a swimming pool/golf course in the publicity and brochures and then not build it. It's contractually binding for them If the swimming pool/golf course appears in brochures, promotional videos, computer simulations, plans, sales office with scale model of the whole development etc...

Another matter being is that you don't want to sue the developer because it will be expensive, although you'd win for sure.

And beforeyou ask, yes I'm a spanish lawyer.

Drakan,

Could you elaborate on that? Any link to Consumer's law and Publicity law would be appreciated.

What about brochures compiled by state agents with information provided by developers? Could the developer just say that the agent made up part of the information?

What if the price stated in the contract is greater than the one in the brochure? Is the brochure legally binding in that respect as well?

Thank you.

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Drakan,

Could you elaborate on that? Any link to Consumer's law and Publicity law would be appreciated.

What about brochures compiled by state agents with information provided by developers? Could the developer just say that the agent made up part of the information?

What if the price stated in the contract is greater than the one in the brochure? Is the brochure legally binding in that respect as well?

Thank you.

The link would be to a spanish law (in Spanish).

The law: R.D.515/89, de 21 de abril, sobre protección del consumidor en cuanto a la información a suministrar en la compraventa y arrendamiento de viviendas

What it says:

"El R.D. 515/89 otorga a los folletos o documentos similares utilizados en la oferta, promoción y publicidad carácter vinculante, por lo que teniendo igual fuerza obligatoria que el contrato, el comprador podrá exigir su cumplimiento al vendedor"

The brochures compiled from the REA come from the developer, so yes, they are contractually binding. No, the developer could't say that because there is a contract between developer and REA to sell their housing units.

If the price is different nothing happens. The price in the brochure would not be binding I'm afraid.

You're welcome.

Edited by Drakan

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  • 333 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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