Corvera Golf and Country Club Group Legal Action

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Summary

We have been approached and retained by a number of property buyers at the Corvera Golf & Country Club to advise them on a proposed legal action against the developer for breach of contract. Having conducted a study of the case and concluded that there are sufficient grounds to file a claim, we are offering buyers to join a group action to request the judge to uphold contractual rescission operated previously by means of a notarial deed of contractual cancellation.

We are offering a discounted legal fee structure which is progressively reduced as more claimants join in this action.

You can register with us if you are interested in pursuing this action with our firm. By registering with us you are not committing yourself to our legal representation service but only indicating that you may have an interest. We will let other potential claimants know the number of people interested in joining this action so as to know the applicable legal fee.

 

Documents

Corvera FAQ

Links

25 thoughts on “Corvera Golf and Country Club Group Legal Action

  1. Pingback: Antonio Flores’ Blog » Corvera Golf and Country Club: Another Broken Promise

  2. charanjit singh

    Dear Sirs,
    I have purchased at Roda Golf which is part of the Corvera group.I believe that the the misrepresentation like 5 star devere hotel and shopping facilities were also made at Roda and therefore they are in breach of contract.can you please consider whether you will extend your action to include Roda please.
    best regards
    Charanjit singh

  3. Pingback: Lawbird News & Updates » Corvera Golf and Country Club Group Case: Registration is Open

  4. Antonio Flores

    We can certainly contemplate extending the action against Calidona in respect of breach of contract at Roda Golf. Please forward me a copy of the contract and copies of any promotional literature you may have to the email aflores at lawbird dot com so that we can provide you with an assessment of the case.

  5. Pingback: Lawbird News & Updates » Corvera Group Case: Client Questions Answered 2

  6. Rajesh Patel

    hi we have completed on a property in corvera and been told that the clubhouse will be ready in the 4th quarter of this year. We are also waiting for snagging repairs to be completed and nothing is being done, therefore, we cannot furnish and rent out. what chance do we have of getting compensation. is there a joint action group we can join to fight for compensation etc. We were told by our solicitor to complete and that calidona promised to put right all snagging issues within 30 days, we have been waiting many months and now there is a bit of activity in sorting it all out but we have lost a lot of money through loss of rental. anyone else in the same predicament, have any comments, Best Regards Raj

  7. Rod Fife

    Hi,
    I am interested in joining the group action – I signed-up to purchase a Tilo in Phase 1 but declined to compelete in July last year becasuse of no facilities etc.
    How do I register?
    Ta

  8. Harry Thomson

    Hello,
    I put the deposit down on a tilo which I could have (and according to corvera- should have completed in Feb 2009).
    The building took longer than expected(but the contract stands up to the delays), they verbally said that the golf would be ready in early 2009- yet it was not and is still not open to the public yet I believe.
    However I have not completed due to the lack of facilities that were promise(bars,restaurants,Spa, hotel etc etc). These are a necessity given the location and the need to rent out , which was the only reason I went for this development.
    I have not completed and went to see the development in June 2010……it was very disturbing as their is very little chance of rental and when my friend asked the staff when the hotel will be started they replied that “at some point it will,but it will be the very last building to be built). Also with no building going on for the months of April,May and June- it looked as if the hotel will not happen in the next 10 years if it ever does get built.
    What should I do now….have I lost my 90,000 Euros deposit? Could corvera take me to court in Spain and England and my house be taken off me? Could someone point me in the right direction…..as I feel that Corvera have let me down and I need to resolve the situation so my life is not on hold and I can start putting foundations in place to plan for my future without corvera hanging over me!

  9. michael lord

    We completed at Roda golf in May 2009. The promised facilities have not been provided, namely 5* De Vere hotel & commercial centre. In addition our villa backs onto the phase 4b area which is supposed to be luxury apartments & swimming pools, but is still a large hole in the ground with temporary fencing around it as it has been for the past 3-4 years. This has a massive negative effect on our property’s value & possible rental potential. Would we have a case against Calidona?

  10. antonio

    Dear Michael, this is the million dollar question and it being now ventilated through the Courts. The developer is settling in some instances, name in pahse 4 contracts that have not been built, but it remains to be seen how will they react in respect of other phases. The reality is that the property is not worth the same, without all the facilities and therefore, the dilemma with the judge would be whether this would amount to a fundamental breach of contract or not. In the first case, a full refund would be applicable and in the second, a reduction of the price the most likely scenario.

  11. Jayne Timmins

    Hi, l have bought a property on Corvera and like most am not happy with the resort and its lack of facilities. They have said l can swap to a property on Roda, l have been trying to get a mortgage but so far haven’t had any luck. lreally cannot afford any more financial commitments. Can you send me information about the action group. l did join the Jonathan Lambert group, but that went all pear shaped as l am sure you are aware. l would appreciate any advice.
    Kind Regards
    Jayne

  12. Noreen O'Sullivan

    Dear Antonio

    I purchased 6 apartments off plan in Phase I at corvera but they were not completed on time. I handed over €400,000. i would be willing to join your group if you can advise upon what grounds the claim relies.

    The facilities were not completed when they were supposed to have been.

    Regards.

  13. michael walker

    i have just won my case against corvera and the appeal that they lodged i have also won,the bankco popular have agreed to refund my monies plus interest fine so far.
    the builder was given 20 days to pay my money plus costs,my solicitor has e mailed me today saying that the builder has said he will be bankrupt if he pays my costs + legal fees this would only amount to 15k
    my case was based on the brochure giving compleation in june 2008 the court agreed that builder was in breach of contract,have you heard that builder is close to bankrupcy i thought they had just refinanced.
    hope this is of use to you
    regards
    mike walker

  14. antonio

    Dear Jayne,

    Corvera is currently fighting back attempts to have the contracts terminated and is countersuing to force buyers to complete. Our allegations are based on the issue of lack of facilities, particularly the hotel but also other amenities that did not get built even though were promised by the developer on its literature, and delays in handing over the apartments.

    The developer argues that these are not essential elements of the contract and thus the treatment they should deserve, at the most, is a reduction on the price and not contractual termination due to a fundamental breach of contract.

    Unfortunately, the developer managed to attain the license of occupancy which relieves the underwriting banks from any further responsibility.

    This is the current legal position with regards to Corvera Golf, on which a Court ruling has not yet passed.

  15. antonio

    Hello Noreen,

    The basis of our actions are as indicated on the previous post. I can see that you have parted with a more subtantial sum, on several properties, which the developer would probably use to contend that you were an investor, as opposed to a consumer buyer.

    This argument, very often used by developers to try to reduce their responsabilities on the basis that if one buys more than one unit then one is business savvy and perspicacious, and thus more able to deal with delays, etc. would not have in our opinion any weight where the developer has grossly misled customers on their promotional literature by promising facilities some of which dont even have a license.

    If you wish to contact me direct you can do so by email on aflores at lawbird.com

  16. antonio

    Dear Michael,

    thanks for your imput and the news that Banco Popular have shown willingness to refund on the basis of a b. guarantee. I am however struggling to understand what does Corvera have to say in this respect, particularlythe part where they say that they will file for insolvency if they have to pay you 15k over and above the principal.

    Regarding the financial situation of this developer, I would think that they are not in good shape, considering that they probably sell little and whatever they sell, the bank gets. So it is not far from possible that they end up filing for voluntary administration.

    Finally, it would be good if your lawyer posted his ruling so that other colleagues could make use of the findings in it, as it is great news. If it can be in this forum, we will make sure that he/she is properly identified so that no other lawyer can claim authorship (it does happen and I can point to some examples).

  17. Noreen O'Sullivan

    Hello Antonio

    I will contact you on your personsl email address as above.

    Please will you clarify in the meantime what you meant above by
    “Unfortunately, the developer managed to attain the license of occupancy which relieves the underwriting banks from any further responsibility”.

    I received bank guarantees with my units (from Santander i think). Are these still valid? And, importantly, if the developer does go into administration, am I not entitled to a refund? On what grounds would I get one – because of the lack of facilities?

    Can someone please tell me EXACTLY what facilities ARE at Corvera and which are NOT?

    Thanks very much Antonio.

  18. Noreen O'Sullivan

    Hello Mike (Walker)

    having just read your post above, i guess it is appropriate to congratulate you!

    i was a little confused by something you said. Bankco popular had agreed to refund your money plus interest, you said. Therefore, why were calidona asked to pay you also (which they said they couldnt afford)?

    do you know if bank guarantees are still valid at corvera?

    regards.

    Noreen

  19. michael

    @Noreen O’Sullivan
    Hi Noreen, Was just checking Covera Golf resort to see it progress. Looks like your still in a legal battle with them. Hope you get a positive conclusion.

    Regards
    Mike…

  20. hayle

    Hi Antonio,
    I have read with interest about corvera and roda class actions. I have a similar story to so many of the other clients on this site. i too would never have purchased had i known that there was not going to be a devere hotel on site. i would be interested in joining your action if i am at all eligible to join?

    regards
    Hayle

  21. Trudie

    I too would not have bought on Corvera if I had known there was going to be little of the promised facilities completed. We are now 4 years on since the time I was told to complete and they have only just finished a clubhouse. I have 2 properties on phase 1 and 1 property in phase 3 Roda (also not completed on). I suppose I may be seen as an investor but then we all bought for the same reason A 5 STAR RESORT I would appreciate any help or information. Especially from Mike who won his case – please let us know so that we can all benefit.

    Regards
    Trudie

  22. Roy Howitt

    What is the view of Lawbird regarding the ruiling in the Murcia Courts, published on Murcia Today, that there are no grounds to refuse to complete based on failure to deliver the facilities in the sales literature

    Does this mean that they can now pursue buyers that refused to complete

  23. Roy Howitt

    hat is Lawbird’s view of the legal judgement announced today that 2 people that refused to complete, because the facilities were not delivered, as per the sales literature is not valid and that they have to complete, at the original contract price

    Dies this mean that the developer can pursue other buyers with open contracts now

    I ask this as in your Q&A you maintained that there would be grounds not to complete on the basis of the missing facilities

  24. Roy Howitt

    hat is Lawbird’s view of the legal judgement announced today that 2 people that refused to complete, because the facilities were not delivered, as per the sales literature is not valid and that they have to complete, at the original contract price

    Does this mean that the developer can pursue other buyers with open contracts now

    I ask this as in your Q&A you maintained that there would be grounds not to complete on the basis of the missing facilities

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