RIC POLANSKY
RIC POLANSKY |
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RIC POLANSKYApartado 734, Mojacar Playa 04638,
Almeria, España. |
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SCHNELLER
MOJÁCAR S.L.
(NIF B-04199451)
Pedro Ibañez y Ric Polansky
Apartado 734, Mojácar Playa 04638, Almeria, España.
Tel: 950-478086 Fax: 950-478138 Mobile 607-117174
E-Mail: ricp@bitmailer.net
8th September, 1999.
Greetings from sunny, hot, "full of tourists" and beautiful Spain.
At long last I take the opportunity of enclosing to you the Contracts involving
the purchase of your Apartment in the Mojácar-Bella scheme in Las Ventanicas
Beach, Mojácar.
The Contract, as you will see, must be done in Spanish by law. Please take a few
minutes and review the terms so that you can be well informed.
CONTRATO DE COMPRAVENTA: simply means a Contract of buying and selling stating
who you are and who I am and that we are of legal age.
INTERVIENEN: means intervening as yourself, acting for yourself and myself in
the name of Schneller Mojácar, when the Company was formed and that it is duly
registered.
EXPONEN: is explaining that we own a piece of land that was registered with the
Town Hall and the Junta de Andalucia in
Polígono B (known as U.A. 11 in Mojácar), consisting of 6,824 sq. meters (for
example) and that that land is registered as Finca No: 18005 in the following
book and that we have submitted to the Town Hall the right to build 35
Apartments and Swimming Pool and that they have granted us the license to do so.
III. This states again who you are, the number of your Apartment, (a) its size
and (b) how many bedrooms and distribution. (c) is the quality, or specification
sheet that we are passing along.
IV. 'States that you accept the above conditions.
ESTIPULACIONES: This is stipulating that we as a company have no other Contract
pending with anybody else over this Apartment and therefore we are making our
bond or legal tie with you alone.
PRIMERO.- OBJETO DEL CONTRATO: This is that we are selling, and promise to build
for you an Apartment as described and designed by the Architect, Don Andreas
Franco Reche.
SEGUNDO - PRECIO Y FORMAS DE PAGO: This outlines that you promise to make the
following payments and therein a list of these payments. You would notice that
you pay approximately half the money and then when the keys are turned over you
will either pay all of the rest of the money, or take out a Mortgage with the
Company that we already have. Any change or modification in our Contract must be
agreed beween us in writing together.
TERCERO: (Third) This means that we agree to turn over the Apartment to you free
of all liens and mortgages without anybody living there and give you an
Escritura.
CUARTO- INCUMPLIMIENTO CONTRACTUAL: (Fourth) This means eans that if you do not
complete this Contract we can either force you to make a one time payment of all
the money up front, or ask that the Contract be resolved, either by mutual
accord between us or by whatever is established by law with you paying the Court
costs.
QUINTO: (Fifth) Indicates that the Buyer moves into the Apartment only when he
is satisfied that we have completed our pact in constructing the building as
stated.
SEXTO: (Sixth) Outlines that the Buyers must pay all the "gastos"
(costs) in relation to the "Escritura" (title), Registration and the
"IVA" (value added tax, or "VAT"), however the Sellers are
responsible for all Building Licenses, "Plus Valias" and any costs of
construction which includes forming the Community of Properties and registering
that Company.
SÉPTIMO (Seventh) States that should there be any disagreement we all agree to
go to Court over this in Vera, where the local judicual body resides, and then
we herein give testament by our signatures and agreement.
Should your lawyer or yourselves require more information such as photocopies of
our Building Licenses, Registration with the College of Architects (or want
clarification on some other point that you feel would allow you to "sleep
better at night"); please do not hesitate to ask me for this because I have
all of these documents with me.
In most cases I have not sent you again a new Plan showing you the exterior of
the Apartments nor the layout, but rather only that of the building materials
that will go in.
The construction itself carries a ten year unconditional guarantee from the
Spanish College of Architects and Aparejadores (appraisers).
If there is anything different in this entire document that I should point out,
it is the Kitchen specifications. Over the years I have learned that clients'
demands differ based on personal preference. So basically, Pedro (my partner)
and I have agreed to tile the Kitchen from floor to ceiling in normal,
unobtrusive tiles. Therefore each client must pick out his/her own Kitchen
fittings. This includes all cupboards, taps, sinks, etc.
To alleviate the headache of this there are Kitchen specialists around, and I am
preparing pricing from three different companies that have agreed to fit our
Kitchens out. Their pricing will include Type A which will be the basics and how
much it will cost, bearing in mind that they will have agreed to do a minimum of
10 Kitchens and the price will be as inexpensive as possible. Type B that will
include maybe, a Washing Machine, Refrigerator, etc. Type C will be a luxury
style or Type D if you want to choose and do the Kitchen yourself.
Remember the Apartment will be fitted out for "Butano" Gas
installation (butane). This is what we have included. I would prefer to see you
use Electric, it certainly eliminates the fooling around with gas bottles,
although the "Butano" truck comes every Saturday morning at 10 o'clock
and will exchange the bottles on site.
If you try to read through, in your knowledge of Spanish, you will see that we
are using the best double glazed Aluminum Windows for exterior and that all the
specifications are of a high quality (see Important
Information.)
Some of the Apartments, because of their unique position, will have the
opportunity to change the Contract and put in their own marble floors, stairs to
their roofs, etc. but this is an addendum to this Contract that must be done
between our Company and that client.
Naturally if you have any questions don't hesitate to call me. I am always in
the office in the mornings.
Our provision is that this building will be done in July for occupancy in the
year 2000.
Yours sincerely,
Ric Polansky, and Pedro Ibañez.
Copyright © 2000 Ric Polansky & Associates. All rights reserved.
