Zurgena - Request to attend court in Huercal Overa

[chelseaphil]

Great piece of advice alcade made. If you found your property on the internet yo may find this site useful http://www.archive.org/web/web.php it contain information on websites from about 2003. Go this site and then type in the web address of your developer.  A table will appear with each month and year that they have data for. Click on anything blue to view the developers website from that date.  Phil

[Mercurian]

Have you actually been to court jiminy, or are you another soap box lawyer?  I have heard so many different stories from different people, saying what their lawyers have said, and every one has a different story.  Personally, I have great faith in my lawyer (who is miles away from this area) and I will start to worry when he tells me to!

[Jiminy]

Just to add my two pennies worth: this case is the latest wheeze by the Junta to maintain political pressure on the Town Halls which are not PSOE, despite Caparros' press statements, which as usual give extremely conflicting positions .
This particular case and the one in Los Carasoles is in fact a criminal action, as opposed to the Civil actions already undertaken. These cases are initially examined by a judge at Huercal Overa who then submits all the papers to the Fiscal in Almeria who decides to a) accuse anyone or b) throw it out.
Both these cases have been through this process and as explained to me by a solicitor this representation of the cases is unheard of in Spanish law. They have already had all the evidence from the builders, promoters, architect, secretaries, councillors etc and did not find sufficient to accuse anyone.
It appears that, in these two cases, he did neither and in fact sent it back to the initiating process and asked that every occupant be informed by the Polizia Local of the case, so that they could state whether if a case was found proved they would wish to claim compensation. This can be used as a process to ensure the case stays under review by the courts.
But who and when to claim compensation from? That will depend on who, if anyone, is found to be guilty of any criminality. I am also told that a claim for compensation can be made to the courts at any stage of the process and that the best time is when any individual or group is found liable.
If the case is eventually thrown out and it strongly believed by many solicitors that they will be the case then the Junta or the Courts will be the targets for compensation claims. Another reason for keeping the cases live.
I haven't posted on here for a long time primarily due to some of the unconstructive sniping.
I hope this helps people understand a bit better.
I do try to post anything relevant to Zurgena area on my blog at http://jiminy304.vox.com

[Lorraine]

My neighbours tell me that the only question that they were asked in court was that "if" their house was deemed illegal, would they want compensation. Duh!

[Popsie]

I wonder how the people got on when they went to court, hopefully it was a successful visit for them.  Sometimes, the only way other people who are also affected with illegalities ever get to know anything about what is actually happening in Zurgena is by other peoples experiences, so anything that they are able to share with us would be an enormous help.  Thank you

[alcalde]

Just a couple of points that may help. If you have any notice of court proceedings regarding your house, or those close by, go to the court with an interpreter and find out what is happening. Please don't leave it. The delay in notifying a lawyer, of a problem with your property, can be crucial to the fight to legalise your home.

If you have been conned by a builder / developer, into buying the land first, and then employing them as builders, so becoming the developer, do everything in your power to find the original advertising that led you to this company. Check the contract. In many cases it shows the sale all in one. In almost all cases the advertising is for the house and land with the company building the house on the land for you. This will almost certainly put the ball firmly back in the court of the company as developers. This is happening now in other cases. The company think they have been clever, but now find they are being relisted as the developer. Some of your neighbours will have the original advertising if you have not. Obtain copies. If they were newspaper adverts, contact the newspaper and obtain copies. They usually keep them for a long time. The courts are getting wise to this, all they require is evidence and they will help you.

[Fishnthenet]

Is there any chance that I can get more information from someone who attended the court – was this the first they knew of problems with licence or did they previously have notification from Almeria or HO. What exactly where the questions asked. The reason I am asking is that last year several properties were notified of licence irregularities from the Court of Almeria, these included New Horizon properties, are they now pushing out some of these cases to HO due to their shortage of judges.
Any help would be appreciated.
With regard to 'buying in good faith', don't disagree but that process is one that 1000's of owners in other districts have been fighting and probably will for many years to come. One thing you can do in Spanish law if you receive any notice that your property is under 'investigation', even if the court orders do not directly name you, is to register your interest in the property with that court. This way if any future action is taken from the Junta as an example, then they have to take action with you also.

[henryhound]

There were also 5 villa owners involved yesterday from Piedra Amerilla - Lakes Vega being the builders

[Lorraine]

Our friends that went to court today were asked lots of questions by an interpreter at the court and they registered the fact that they wanted their money back - they are currently renting the house and were intending to buy, but now are moving abroad. They were told that the court was investigating New Horizons and that it will eventually be taken to the Andalucian court. They were also told it would take years to get their money back. Thanks for the offer anyway, but I think this court is specifically for people to register their interest with respect to compensation should it be necessary.

[Tasony]

Our neighbours here in Los Carasoles have had letters telling them to attend court on Wednesday, we also have some other friends who live nearer to Cucador who are going tomorrow (Monday). The road that we live in was built by two different builders - our side hasn't had any letters at all, only the new horizon villas have had the letter.

Hi Lorraine - if you could get one of your neighbours to scan the letter to me (PM me and I will give you my email) we can get it translated and find out exactly what is going on.  I am told by our legal representative that there is a time period by which you need to express a wish to claim compensation.

The builders did get wise and construct contracts designed to make the homeowner the developer/promoter.  This then makes the homeowner responsible for infrastructure costs and also liable for any fines due to the houses being built without proper authority.

We are currently trying to get a second meeting with the mayor of Zurgena to discover the full extent of irregularities in the municipality.

[Danny]

Hi Jim, I am sorry that you find yourself in that position. Hopefully more people will be alerted now to that particular trick. A lot of the information on the inspections is coming from builders/developers, and I would urge everyone who may be affected to ask to see their particular entry in their town hall architects office. As I understand it, you can alter it if you feel that it is wrong.

I do have to repeat though, that if you bought in good faith, then that does count in Spain and especially the EU.

[jim]

" so that you first obtain the land and then have a house built on it. This means that if you asked a builder to build a house on your land, you are the developer."


Danny,
This unfortunately has to my knowledge been going on at least 9 years,probably longer.
We naively bought our villa under those circumstance's,through a company called Joel Homes SL,they got us to buy a plot of land first then have the villa built.
Now to cut a very long story short,the upshot is we are the developers and as such are responsible for things like roads,footpaths,lights,etc. 

[Danny]

As I understand it, the developer is the person/entity that has broken the law by building without licence. However, many of the builders/developers have got wise to this and have separated the process so that you first obtain the land and then have a house built on it. This means that if you asked a builder to build a house on your land, you are the developer.

In the inspection process that is ongoing at present, the builders/developers are naming the house owner as the developer whether or not they are. I am sure that there are others who will know more of this than I do, and I would have hoped to have seen more warnings of this particular trick.

If you bought your house in good faith, and can prove this case, then you have at least a head start, as this is important in Spanish law.

[Lorraine]

Our neighbours here in Los Carasoles have had letters telling them to attend court on Wednesday, we also have some other friends who live nearer to Cucador who are going tomorrow (Monday). The road that we live in was built by two different builders - our side hasn't had any letters at all, only the new horizon villas have had the letter.

[Popsie]

Does anyone know if this business is in one area or throughout Zurgena.  We had a letter about 18 months ago regarding our villas building licience but have never been asked to go to court, we have however acknowledged our interest.

[Tasony]

The AUAN has been made aware that some inhabitants of the municipality of Zurgena have had a visit from the local police and been requested to attend the court in Huercal Overa to identify themselves in a case dealing with building irregularities.

Our legal consultant has said this may also be the only opportunity to express an interest for a claim to damages.  He has also offered to translate the document received without cost.

If you are affected and would like further information, please PM me.

Please - no detrimental comments - we are only trying to help and inform