Antonio Flores’ Blog

In Spanish, ‘La Verdad’ means ‘The Truth’. But it is also the name of a local newspaper in the Murcia region that interviewed, back in 2006, a young and confident looking José Luis Pérez Carrión, Marketing Manager for Calidona. In this interview he extolled the virtues of the Corvera Golf  and Country Club grand project and its impressive facilities, including the PGA Olazabal-designed Golf Course (Ryder´s Cup contestant) and a 5 star De Vere-run hotel, with Spa and so many more luxuries you would expect from a hotel of this stature. Quoting Perez Carrión:

“We offer a different life-style, close to nature and the beach with a view to practice sports within an unbeatable environment and with all the facilities that the client may need. Also, owing to an agreement between the prestigious hotel chain De Vere, specialists in golf accommodation, we will be able to offer the services of a luxury hotel and a Spa.”

It´s February 2010 and la verdad is that there is no hotel, just as much as there is no equestrian centre, sports facilities, swimming pools, tennis club, private gym, commercial centre and a number of other amenities that were the primary reason for a couple of hundred people to buy in this development.

We took an interest in this case after being contacted by a few persons who had bought in Corvera Golf and Country Club, and after agreeing to take up their cases, a lawyer of the firm and a sort of specialist forensic valuer went over to draw up a report on the resort and it’s (lacking) facilities, and indeed it appears that many of them never left Corvera architect’s drawing boards, and are therefore just that, “un sueño” (a dream), as it reads on the bottom left part of the original promotional plan embedded in this post.

This is conclusive that a degree of contractual default has taken place, which will entitle buyers to file for cancellation of the contracts on the basis of misrepresentation. It is then up to the lawyers to argue the case successfully, with as much ammunition as possible (contracts, brochures, articles, witnesses, including Olazabal if required), and propel it to a successful conclusion for our clients, judge permitting.

In a similar claim we filed against Manilva Costa and Ocean View Properties, the judge of First Instance in Estepona granted contractual rescission as he found that the developer “misrepresented and misled buyers by promising, through marketing literature, facilities such as top restaurants, shops, a health and leisure club, tennis courts, Turkish baths, sauna, Jacuzzi, fully equipped gymnasium, heated pool and kindergarten service, and it is clear that none of those have been built”. He then added that “from the documents submitted to this Court, it has been established beyond doubt that the publicizing of these facilities in brochures was a fundamental element in the buyer’s decision to buy, as collectively they had induced him to proceed with the purchase of a property which was located in a relatively isolated development and distant from similar facilities.”

With respect to buyers in Corvera Golf and Country Club Phase IV, the above can be irrelevant because their properties have not even been built and therefore contractual default will come from delayed completion. The rest of phases seem to have been built more or less on time, that is, within 18 months from the date of issue of planning permission (such is the delivery date on the contract) so we are reluctant to base the case on this argument.

As with many other Court cases, we will play the devil’s advocate so as to test the quality of our legal arguments and identify weaknesses in its structure and content since Corvera will fight this case to the end. But still, the De Vere 5 star hotel is just not there!

Our case is due to be filed within days. We will keep anyone with an interest in this development posted through this blog.
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• Update March, 14 – 2010: Lawbird.com Corvera Golf and Country Club Section updated
• Update March, 03 – 2010: Photos taken last week of the unfinished facilities have been added below:

Antonio Flores Litigation, Property Calidona, Corvera Golf and Country Club, litigation against spanish developers, Manilva Costa, Manilva Costa SA, Ocean View Properties

Anyone who has dealt with Manilva Costa S.A. (developer of Manilva Gardens) will know what I am writing about. The elusiveness of this company in respect to their accountability for contracts Ocean View Properties signed, supposedly on Manilva Costa‘s behalf, with mostly British buyers, has forced lawyers to be more creative and find ways to pursue the refund of their deposits for contractual default.

Mates, the developer’s lawyer, has been well instructed on how to deal with private purchase contract signatories to avoid being held responsible for non-delivery of the units on time. The story can be summarized in the following points:

1. Property buyers looking for investment opportunities on the Costa del Sol were approached by Ocean View Properties, or viceversa, with an offer or few developments owned by Manilva Costa S.A.
2. Once the buyers were convinced that the investments was sound they went on to transfer a fat deposit to OVP which would in turn send them two copies of the contracts, unsigned, for them to sign and send back. OVP rarely signed the contract although they did acknowledge the receipt of the deposit.
3. According to Manilva Costa the deposits where never sent to them and according to OVP they were sent (?). OVP, after gathering millions of pounds in deposits for property and a number of vicissitudes, including unconfirmed claims that the owner had died on an airplane crash in Brazil, went on to file bankruptcy.
4. Buyers stuck with private purchase contracts signed with Ocean View Properties looked to pursue Manilva Costa for the deposits but found an unsurpassable legal impediment: there were no contracts signed by Manilva Costa and neither acknowledgement of having received the deposits from OVP.
5. In one occasion we sent a legal notice to Manilva Costa S.A. with a request to confirmed having received the deposit of a client they wrote back positively, thus paving the way for a legal claim in Spain.
6. Manilva Costa Directors quickly realized that they had to stop this and instructed lawyers to deny having received any such deposits. Strangely enough Mates had the details of all buyers and offered them to complete on their properties for the initially agreed prices minus the deposits, even though the denied having received them. To this date Mates is eager to convince clients to close at the original price minus 30% of the purchase price (approximately the value of the deposits).

After meeting with several buyers stuck with this situation we proposed them to file a claim at the Bristol County Court against both Ocean View Properties and Manilva Costa and needless to say, neither of them appeared in Court to contest them. The case was heard and District Judge Britton acceded to the claimants petitions in full. With this Court ruling, which we legalized and translated to use in Spain, we filed for execution thereof in the Court in Seville and requested that a legal charge was taken out against Manilva Costa to ensure that enough funds were available in the likely event the Seville judge ruled in our favour.

We now expect other claimants to follow suit and not allow Manilva Costa to get away with using carefully planned obfuscation to deter their own bona fide clients from demanding justice to be served. After all, as said before, Europe is now a large country where nobody should be able to find legal shelter after deceiving consumers.

Antonio Flores Litigation, Property Gardens of Manilva, Gardens of Manilva Country Club, Manilva Costa, Manilva Costa SA, Manilva Gardens, Ocean View Properties, OVP

Promaga/Vista Hermosa, Hercesa Dona Julia, Altos de Alcaucin and Arrohabitatge/Don Juan are some of the developers/developments which, having read a recent article published on the Daily Telegraph titled Buy-to-let investors backing out of off-plan deals face court action, are now avidly typing their lawsuits. The article goes on to say:

UK Buy-to-let investors reneging on off-plan property purchase contracts need to be aware that they risk losing more than just their deposits, warns City law firm Wedlake Bell. It said “hundreds of buy-to-let investors have already been pursued through the courts for trying to wriggle out of off-plan contracts'”.

Developers have 2 options if they want to cause concern to their (still) clients:

1. Option 1: they can file a suit in their countries of origin through the local Courts as the address on the contract is normally their home address.
2. Option 2: they can file a suit in Spain in accordance to the jurisdiction clause (which invariably says Spanish Courts are competent) and request that the suit in notified in the Uk, or if the address for notification is their lawyers’ address, have defendants summoned through the former. A favourable Court sentence can then be enforced in the UK.

It may sound as if I wanted to take sides and encourage these horrible developers, as some want to put them, to take away the sleep from Spanish off-plan property buyers, but far from this it is a warning that these things happen here as they are already happening in Britain and presumably an various other countries. It is therefore not something exclusive to Spain as in fact Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters is applicable to all the UE and is now being used with success by claimants all over Europe.

On my next post I will explain how we are using this EU regulation in an interesting (and reverse) case against OceanView Properties and Manilva Costa S.A.. Our client sued these 2 companies for contractual default in the purchase of a property in a development known as Gardens of Manilva and won the case. We are now enforcing the sentence in Seville, where the developer is based, and are not expecting any disruptions in the process of having it accepted and upheld as, after all, Europe is now a one big country!

Antonio Flores Litigation, Property Don Juan Phase II, Don Juan Phase III, Dona Julia, Gardens of Manilva, Hercesa, Manilva Costa, OceanView Properties, Promaga, Vista Hermosa