Santa Maria Green Hills

5 have just lost their cases against the developer and most also seem to be losing cases

Of the ones that have won their cases have any actually been paid the deposits back with legal costs and interest

Dear Sir or Madam,

Can you give us more information on your case please.

Exactly what is it that you wish to know, if plaintiffs are obtaining refunds in this particular development or in general?

Yours faithfully,

These have lost their case including legal fees on both sides

If I lose my case then I have also lost my deposit/legal fees and they could force me to complete by the look at one of your blogs

If I win my case would I get my money back from the developer.
If not then I would still be the loser.

Have others received money back including costs.

If more cases did go agaisnt the developer then surely he couldnt pay out anyway and would go into liquidation

I have lost so much as it is. At the moment it seems a lose lose situation unless I get my money back

Dear Sir or Madam,

We've been warning for a long time now that developers can force you to complete if they want to legally. You have many threads on the matter, as an example these two:


forced complete ( 1 2)
Unregistered

chased to complete
abo07

Regarding your comment on losing and having to pay for "both sides" or parties, yes it's true. This will always hinge on the judge's ruling. On losing a court case the judge ruling the matter may sentence that the plaintiff has to pay as well for the defendan's legal expenses (both lawyer and court agent) or else split the fees between both parties.

I wrote a detailed legal article last year with the goal in mind to deter people from litigating recklessly against Spanish developers as everyone seemed to be in a frenzy mode to sue each other. That was followed up by a blog post on the same matter:

You Have a Strong Case… NOT!
- 1st October 2008

10 Reasons Why Your Case Against a Spanish Developer May be Thrown Out of Court - 30th of September 2008

In the blog post it is mentioned that on losing a court case the plaintiff can easily be in the red by 20,000€. Moreover, they may be even forced to complete on the off plan property.

Which is why lawyers should always be realistic on the possible outcome of the legal proceedings as the money at stake is always the client's, not the lawyer's. Which is why our law firm turns down regularly multiple litigation cases every week because we know the would-be-clients are bound to lose if their cases do not hold up (throwing away good money after bad). Lawyers should never be overeager to litigate. We always care to mention in all our written material both private (e-mails, PM's) and public (legal articles, blog posts etc.) that litigation should always be used as a last resort only, not as first.

Having written the above as a disclaimer, I dare say your post is overpessimistic. Cases are being won every day at both lower and higher courts (on appeals) against developers. Granted, some cases are also lost such as yours.

And furthermore, what really concerns our clients is not winning, it's having their money refunded into their bank accounts. Money is being refunded to them by developers into their UK or Irish accounts on a regular basis as a direct result of litigation.

Today, for example, we've been wired into our client account over 72,000€ by a well-known developer in Elviria area (Marbella east) which case is very similar as to that of Santa MarÃ*a Green Hills (lack of Licence of First Occupation, ASR rule, no bank guarantees, delay in handing over the property, town hall planning issues etc.). Our clients had won both a first ruling (lower court) and a Second -and Final- ruling (High Appeal Court of Málaga).

It's always surprising for us to read comments, such as yours, on that there is no hope left and money is never returned by the law courts to foreign clients. If that were the case we would probably be bankrupt as our fee structure is part contingent dependant on the result.

One of our partners wrote an article specifically on this issue as many kept saying that litigation was a pointless exercise (as you would not be returned your deposit) or that it was way too expensive or that it takes far too long (sadly it does take long, yes):

Is Litigation Against Spanish Developers Worthwhile? - 23rd May 2008

The problem is that you only get to read cases which are lost at court, but never the ones which are won or which funds are refunded to our clients (or other law firm's). That doesn't make a headline I guess. Nor do you read all the people which are happy with their Spanish properties. These cases are seldomly reported in the media or in fora. You'll never see anyone starting a thread of the likes: "I bought in Spain and I'm very happy" more like "I bought in Spain and hate it, never again". Happy outcomes seem to interest no-one. Happy people just don't write in forums normally, it's the truth. Forums are all about problem-solving, you start a thread because you have a problem and need help or some friendly advice. So from reading them many get the biased impression that all that surrounds Spain is problematic, corrupt and a lost case altogether which is far from the truth in my opinion.

The market has swerved from one opposite to the other in a short span of 2 years. Hopefully the market will find its equilibrium in time.

To close my rant (not aimed at you), please feel free to peruse our law firm's blog on some of the litigation cases we've won over the years (with money refunded as well). We update the blog, from time to time.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt

I totally agree with Lawbird Lawyer's post.

Regarding Santa Maria Green Hills, we don't have much information on this development, but there seems to be people who have won their cases against this developer.

Thank you so much for the rant .

I fully understand that you are very good solicitors due to the reputation you hold

My question still is

Do you know how many have won their case against the developer at Santa Maria Green Hills and have been paid including costs

Dear Sir or Madam,

In reply to your query above, the vast majority of cases at Santa Maria Green Hills are being represented, for some bizarre reason, by only one law firm based in Fuengirola. I believe you should query them as they are the ones that single-handedly hold almost all cases on this development. If you want their contact details just PM me and I'll gladly relay them over to you.

My law firm, Lawbird, has not acted on behalf of any client at Santa MarÃ*a Green Hills development, hence my above reply. We've represented successfully however a great deal of clients in neighbouring developments in Elviria area which are riddled with similar legal issues as SMGH.

In any case, you ought to know that if you've lost your case in a lower court (which will be one of the ones in Marbella if its SMGH) you should not despair. Lost cases in Marbella's lower courts are regulalrly successfully overturned by lawyers on appealing to Málaga's High Appeal Court.

Which is why I advice you to file an appeal before Málaga's High Court if you've lost in one of Marbella's lower courts.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt

Hello Raymundo

As I have problems with this development and have read lots about it on the variuos Spanish Websites I thought it was Lawbird that was getting successful court decisions on Green Hills
Thats why I was asking as I thought Carlos Comitre was one of your lawyers.

P.S. I appreciate that Lawbird may not have any involvement on Santa Maria so do you have any idea who he works for as he may have done lots of the legwork already

Dear Sir or Madam,

Thank you for your kind words on your prior post.

Mr Carlos Comitre does not work, nor has ever worked for our law firm. We're professionally unrelated.

He in fact owns his own practice based in Fuengirola, which is precisely the one to which I was referring to in my prior reply above offering you to PM you his contact details.

As written previously, SMGH off plan buyers are almost exclusively represented by his law firm. Our law firm has had no involvement in this development.

As for his contact details, just google "cyclo abogados" and they will come up.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt

I've been fighting a long, long, slow court case against the developers of Green Hills over the failure to provide the originally promised development. And I know I am not alone.... Despite eventually winning the judgment in court (almost four years ago!) that we should receive our deposit (over €100,000) back from the developer, the case was appealed but there has been no hearing for that yet - and it's been something well over two years now.

To some extent I've put the whole thing out of my mind while realising that chasing Spanish Courts is a waste of time and just letting things ride. Our lawyer in Marbella is a personable enough guy, but I am beginning to feel that we are just one amongst a huge number of people who've been screwed intentionally or by misfortune in Spain. I haven't heard from him in well over a year, now - and assume that I won't until something happens in the court process. But I am not anticipating that he's spending any time chasing things for us, despite the considerable costs so far spent pursuing this case.

It's been so long since I was last at GH, when the place was like a ghost development (despite looking very well kept and nice) - I think only 30 or so apartments were 'occupied' (completed on, anyway). I wondered what the situation is there for owners or other people in my situation is, now?

I did a search on line to day and found this forum - it's been a while since Green Hills was debated, but I'd be interested and appreciative for any perspectives from current owners who have moved in; owners who have completed but not occupied; and of course those of deposit-payers like myself who haven't completed and may be going through a torturous legal battle. I did see ads for 'distressed apartments' on GH at one web site - quite what 'distressed' means in this context I can only speculate - but the prices were two thirds of what we agreed to pay for the originally specified developement.

Thanks in anticipation of any replies!

Given there has been no response from anyone to my earlier post - I'll put this here in case I can help others in the future.

I just heard that the appeal by the developers of Green Hills against the first judgement against them has been rejected by the Magistrates in Malaga. So we have won both hearings.

We now await the return of our deposit which legally should be within 20 days. We'll see what occurs...

Hi Gregg,

I am sorry nobody replied to your post I can not believe that you and I are the only ones in the exactly the same situation !! I would really like to talk to you ASAP I am in Marbella till 14/9 then back in the office 15/9 my mobile is 07946300706.

Regards Cazzy