Pozo del Esparto

open letter of complaint

Today, on my mother-in-law's birthday, I emailed the following text to the majority of the patrons of the Spanish Chamber of Commerce in Great Britain. I shall post responses if and when I receive them.

Dear Sir/Madam,

I believe your company supports the Spanish Chamber of Commerce in Great Britain. I am contacting you with regard to a member of the Chamber - Casa del Sol Properties of Emsworth, Hampshire. I ask that the Chamber make enquiries relating to the events outlined below and advise me regarding any response. In my opinion, neither Casa del Sol nor any of the other companies or individuals referred to have acted with professional responsibility throughout this sorry tale.

Further details are available on request.

Yours faithfully,

Bob Hopkins.

• My in-laws, Mr and Mrs Talbot, are purchasing a house on a new-build estate in Pozo del Esparto, Almeria.
• The process began in 2002 when Casa del Sol took them on an inspection visit and introduced them to GoGo Estates in Aguilas, Murcia.
• GoGo showed them details of an off-plan development and introduced them to the developer, Crevisa Dos S.L. and a solicitor, Carlos Minguez.
• In June 2003 they sold their property in the UK to raise the deposit.
• In April 2004 they moved into a rented apartment in Aguilas arranged by GoGo Estates on the understanding that their property would be ready for occupation within three months. It wasn't, and they had to find their own alternative accommodation.
• Subsequent false promises from the developer's agent, Bert Holdorp of Estáras Playa S.L. & Albe Servicios S.L., and GoGo Estates have kept them locked into a waiting game. They have lodged with various friends in the area throughout this time.
• Until 13 September 2005, Casa del Sol made no attempt to monitor or remedy this situation.
• On 13 September 2005 my wife spoke with Mr Carl Marodeen of Casa Del Sol Properties. He said he had no knowledge of any problems regarding the Pozo del Esparto development, but that he would look into it. My wife asked to be copied into any correspondence and Mr Marodeen agreed.
• On 21 September my wife phoned Casa Del Sol for an update. She spoke briefly to Carl Marodeen, who then passed the phone to Harvey Marodeen – Carl’s father, who dealt with my in-laws’ initial enquiry. Harvey said he was unaware of ongoing problems with the Pozo del Esparto development. He said Carl had recently driven past the development and had reported that the properties ‘looked occupied.’ When asked about GoGo Estates, Harvey said his company no longer dealt with them – he said whenever Casa Del Sol phoned them, GoGo Estates simply ‘hung up.’ When asked about Bert Holdorp (the developer's agent) Harvey was equally unimpressed, and reacted with disbelief when my wife explained how Mr Holdorp had behaved towards my in-laws. When told of the Town Hall’s abysmal response to my in-laws’ plight Harvey again expressed disbelief, and suggested their solicitor should be acting on their behalf. Mr Marodeen said he would get personally involved by writing to my in-laws’ solicitor. To date he has not contacted my wife with a response.

merry christmas mr holdorp

Interesting information today from another buyer on the site. They were told by their estate agent Magellan SL that

1. The houses are legal and there is no danger that they will be knocked down
2. Building licences are not the problem, the site is approved, the problem is the roads
3. Title deeds most likely can be done before Christmas

Well, okay... But before we get too excited we should reflect for a moment upon the source of this wisdom. The agent had been speaking with the elusive Bert Holdorp - a man not best known for reliable pronouncements.

What is of interest is that Magellan SL said they would not be offering any new houses from the builder Crevisa 2 or Mr Holdorp's companies (the service agency ALBE and the promoter Estáras Playa SL) until all pending problems with old contracts are sorted in a satisfactory way.

Amen to that

the road goes ever on and on

I have heard a rumour, apparently emanating from the Town Hall at Cuevas, that the road might be laid in Jan or Feb 2006... Looks like a muddy Christmas for those who have occupied their properties.

why indeed

WHY CASA DEL SOL? The company was established in 1975 and thus has had almost 30 years of experience in selling properties in Spain and the Spanish islands. Over that period of time we have been able to develop associations in Spain with agents, developers and lawyers who we trust, who we can now recommend wholeheartedly. Casa Del Sol have four offices in the U.K. in Chichester (West Sussex) Emsworth (Hampshire) London and Northampton, and we strongly urge any prospective buyers to take the trouble to travel to one of our offices and meet senior personnel face to face where trust and confidence can be established rather than to merely talk over the phone.

So they say in their Buyers Guide. And that is how it was for my in-laws. They took the trouble to meet senior personnel face to face. Trust and confidence were established. They entered into an agreement with a Spanish agent, a Spanish developer and a Spanish lawyer - all wholeheartedly recommended.

...so called “Horror Stories” are nearly always the result of British buyers failing to deal through a reputable company. Casa Del Sol Properties have many years experience in the market and can help avoid these problems.

Well, it hasn't worked this time.

One month ago my wife spoke with Harvey Marodeen of Casa Del Sol. He undertook to investigate. If he has discovered anything he has yet to pass it on. What redress do clients have when trust fails and recommendations prove unwise? What legal obligations do Casa Del Sol have towards my in-laws? I don't know but I am going to find out.

the presence of ghosts

Juan Bertomeu — a real-estate lawyer who covers both Murcia and Almeria — describes it as “the Wild West”, where planning permission is too often ignored and developers make little effort to deliver on their promises. The Cinderella costa, Times Online, 18/09/05.

If your vision of the Spanish coast is English pubs and high rise hotels, Almería will come as a magical surprise. In Andalusia's most south-easterly province this stretch of coastline looks just as it did when the Moors invaded in the eighth century; the only catalyst for change now will be the winds as they continue to move the ever-shifting sand dunes. Walking in the Wild West, Telegraph, 20/09/05.

Is this really a "shoot-out for tourists in Tabernas, 25 miles from the coast", or a hands-on training session for rooky abogados? Do cowboys dream of concrete sheep?

builder of dreams

And, if I've not said it before, Bert Holdorp and his companies Estaras Playa/Albe Servicios are NOT the builders. He has NOTHING to do with Crevisa other than acting as a promotor for their properties. Do NOT let Bert threaten you in any way, especially by threatening to tear up your contract and refund your money, as he did with us and several others that we know of. The contracts that you have signed are with Crevisa and NOT Bert!! This man is a bully and a liar, and he has no business pretending to be the builder.

Hmm. So said one of the Pozo unfortunates who occupied his property in the latter half of July 2005.

I met Mr Holdorp once, in July 2004. My wife, my son and I had flown to Spain to stay with my in-laws in their new bungalow. It was supposed to be finished and they were supposed to be living in it. But they were still in their rented apartment in the village and we lodged there with them. On the evening of the first day we walked up to the site. It was getting dark, but we were keen to see the property and they were keen to show it to us. We expected it to be locked, and it was. The neighbouring property was open, however, and we took a look inside. When we came out, a vehicle pulled up and a man got out. It was Bert the Builder. He was embarassingly rude and obnoxious. He ordered us off the premises, threatening us with a call to the Police. I said that was fine, call them and I'll explain how you have obtained £60,000 of my in-laws' money by false pretence and we'll sort that out at the same time. His 'minder' was sat in the vehicle. I asked him if he spoke English because I needed to know if he understood what was being said. He replied yes, but said this was nothing to do with him. At that point my in-laws asked me not to pursue the matter because it would make things worse for them, so I walked away. The man is indeed a bully. I now know he has companies called Estaras Playa and Albe Servicios.

We build your dreams!! he says on his 'web portal.'

Think I'll stay awake a little longer, Bert, if that's alright with you.

everything but the truth

In an earlier posting I referred to a meeting my in-laws had with the Town Hall people in Cuevas del Almanzora, when they were told the matter of the unfinished dwellings in Pozo del Esparto had become a 'political issue'. Whatever that means. They were then advised to sumbit a form to the Town Hall. This form was supposed to 'compel' information from the bureaucrats. Four days ago I received this text message: Town Hall reply says licence given when site is finished. Odd. Bert (the Builder) Holdorp has always insisted the Town Hall are responsible for the delay and confusion. Yet perhaps there is nothing odd in this. What is the Spanish for obfuscation -  the activity of obscuring people's understanding, leaving them baffled or bewildered?

This article reports on an 'investigation into all building licences granted by the Mayor of Cuevas del Almanzora because, it is feared, they do not conform to urbanization regulations.' So that is what they meant when they spoke of a 'political issue.'

por favor

This article on the English in Spain, from yesterday's Observer, is worth reading.

nothing will come of nothing

More than two weeks have passed since Carlos Minguez Oliva told Harvey Marodeen he would have a move-in date for my in-laws in two weeks’ time or soon thereafter. Today, having heard nothing, my wife phoned Casa Del Sol for an update.

Harvey said he thought she was going to ring the Spanish solicitor and discuss the problem, as Carlos 'spoke very good English.' Yet that was not mentioned in their conversation of 23/09. In any case, my in-laws have found Carlos difficult to understand over the phone.

Harvey confirmed he had heard nothing from Carlos since their conversation on or before 23/09, when the solicitor said he was going to speak again with the Town Hall. Harvey said would send a fax requesting a reply to his earlier fax.

Harvey insisted he was doing all he could. He repeated that he had spoken with the developer's solicitor, who told him my in-laws had been offered their money back with interest but had declined, saying they wanted to stay with it to the end.

will the real abogado please stand up

Advice received yesterday in an email from the British Consulate, Alicante:

'I'm afraid that your inlaws have broken the fundamental rules of property purchase in Spain. They have trusted an estate agent and they have allowed a vendor 'helpfully' to recommend a 'solicitor'. Our files, sadly, are full of the dreadful problems that causes.

What they need now is a real lawyer, an abogado (and that term has a precise meaning in Spanish law: anyone can call themselves a 'lawyer' or a 'solictor' as those words have no meaning in Spanish. An abogado is someone certified and licensed by a local Colegio de Abogados, the Law Society equivalent, to practice law in a given province). Even with that level of protection I am now increasingly recommending to people that they get an abogado away from the area in which they plan to buy, to reduce the risk of 'taint'.

I attach a list of English-speaking Spanish abogados in Murcia Province. Please note the disclaimers on this. If your inlaws decide to use one of those, the first task has to be to establish the status of Sr Luis Crespo Crespo and make a recommendation on reporting him to the Colegio for misconduct - if he is a member - or misrepresentation if he is not. You will note that he is not on our list. Then the chosen abogado should be tasked to establish the precise state of the build - is the land properly classified as 'urbanisable', and are the appropriate approvals from the town hall held? And third on the list has to be to demand a full refund, plus interest, from the developer on the grounds of unreasonable delay/failure to meet contract. I hope that the contract contains provision for such non-compliance penalties, but I have known cases where a good 'law firm' (bufete de abogados) has prevailed in spite of a very one-sided contract.

You should be aware that Murcia now has a new land law which, according to some reports I have received, is similar in its impact to the LRAU in Valencia, Alicante and Castellon.'

In case you are wondering (as I was) what the heck LRAU is, this article in the Daily Mail from August 2004 helps to explain.