Ocean View Properties

[Lawbird Lawyer]

Dear Sir/Madam,

Estepona Beach and Country Club (EBCC) is a development which is regarded as a black spot. This development is not going to be finished, at least presently.

Sungolf Desarrollo Inmobiliario is well known.

In any case when it comes to OVP we are unable to help you. The reason is that purchasers paid OVP the full stage payments of their off-plan properties when this is never done like this.

The way it's done normally is that a purchaser pays the Spanish lawyer who you've appointed to act on your behalf in the conveyance and he in turn transfers the funds over to the developer as per the PPC. If something goes wrong then he can always litigate because he has prove of the interim payments made to the developer.

The way how OVP organised it bars you from litigating because they at no time are able to provide bank statements proving the funds were actually sent over to the developer as we've experienced numerous times. In fact they charged 7% VAT upfront which is never done claiming this is how things were normally done in Spain, far from it. It seems this was really their commission not the VAT. So now many Spanish developers are claiming to be paid the 7% VAT as well which purchasers in good faith had already paid -or so they were misled to think by OVP-.

In any case, we cannot litigate without a purchaser supplying us with prove of having actually paid the developer as the whole law suit hinges on these stage payments. OVP at no time are providing prove of having sent over the funds to the developers except the initial security deposit which strikes the property off the market.

So or you either swap over to another development which is key ready and already has the Licence of First Occupation (AKA LFO or Habitation Licence) or else you litigate in the UK.

I recommend you all group together and retain a proficient UK litigation law firm.

Please visit these threads on EBCC:

1.- eyeonspain.com/ViewDevNo.aspx?dev=E275
2.- spanishpropertyinsight.com/forums/viewtopic.php?t=2967