West Side Village

[samui13]

fair enough. sorry it just slipped of my tongue

[Lsab]

No problem

[Peter Mitry]

Originally Posted by tinkerbell

Hi Neil,

We paid the 40% and exchanged back in May! I was unhappy with the solicitors at the time and wanted to use a different one ( tried to get Ziead) but the agents made it quite difficult for us. It was our first overseas purchase and my partner back then was unhappy to 'rock the boat' so to speak! So I gave in and went AS thinking it would be less comlpicated.

Its a shame because we really did our homework and Westside looked like an excellent development. I understand the earlier you get in the more teething problems you are likely to experience but mostly the answers we have received have been in favour of the developer.

It difficult posting your problems on here because you are always concerned that you might shoot your own development in the foot so to speak!!

I have read all of the concerns about this project and having spent two hours yesterday with the Developer I am reassured that when completed it will be a great project built to a very high specification. It is in a very good central location with many amenities on site and close to the many attractions of the new Touristic Centre.

My concern, and I think many of yours, is that the Promoters may have exaggerated the facilities to be provided. This does not make it a bad project; it just means that you have to take the time to consult local agents who may be in a better position to tell you the facts.

The Developer is financially sound, a very honourable man and is very upset that his project appears to have been misrepresented.

[tinkerbell]

Originally Posted by Peter Mitry

I have read all of the concerns about this project and having spent two hours yesterday with the Developer I am reassured that when completed it will be a great project built to a very high specification. It is in a very good central location with many amenities on site and close to the many attractions of the new Touristic Centre.

My concern, and I think many of yours, is that the Promoters may have exaggerated the facilities to be provided. This does not make it a bad project; it just means that you have to take the time to consult local agents who may be in a better position to tell you the facts.

The Developer is financially sound, a very honourable man and is very upset that his project appears to have been misrepresented.

Hi Peter,

It looks like I will be coming out to Hurghada some time in August. I have purchased at Westside Village and reserved at Veranda in Sahl Hasheesh even though I have only ever been to Sharm. I was wondering of whether we could meet up having never been there before I am keen to learn as much about the two resorts as possible.

Thanks

Tinkerbell

[belfast-connection]

Originally Posted by Rivermead Global Property

tinkerbell if you haven't paid the 40% yet, then don't if you are not happy. If they have misled you or offered sevices that aren't available i feel you stand a good chance of walking away and maybe just losing your reservation fee.

There is an awful lot of this going on and they seem to involve the same solicitors, your agent should be your first contact and get them to fight it for you (although may not be too keen as they lose a sale). I think if there are enough of you join forces and fight back.

not sure about that advice personally

the reservation you entered into is a contract - it has all the hallmarks of a contract in english law i.e. offer acceptance, consideration, certaintly and intention to create legal relations - furthermore the contract was only complete when the acceptance of your reservation was communicated to you, i.e. by e-mail or letter in UK - the contract is subject to english law as is the misrepresentation

if misrepresentations induced you to enter into a contract then when suing for misrepresentation you get all losses naturally flowing from the misrepresentation

the only sticky issue i see is whether you are required to proceed with the contract (i.e. mitigate your losses) and sue afterwards - it can be tricky suing for damages after you repudiate the contract

[Rivermead Global Property]

Originally Posted by belfast-connection

not sure about that advice personally

the reservation you entered into is a contract - it has all the hallmarks of a contract in english law i.e. offer acceptance, consideration, certaintly and intention to create legal relations - furthermore the contract was only complete when the acceptance of your reservation was communicated to you, i.e. by e-mail or letter in UK - the contract is subject to english law as is the misrepresentation

if misrepresentations induced you to enter into a contract then when suing for misrepresentation you get all losses naturally flowing from the misrepresentation

the only sticky issue i see is whether you are required to proceed with the contract (i.e. mitigate your losses) and sue afterwards - it can be tricky suing for damages after you repudiate the contract

You are quite right i was asking if this was an initial reservation and not passed the 21 days point where they need to sign the contract and pay the first 40%. Unfortunately they have paid 40% and it is not an initial reservation fee.

[tinkerbell]

Originally Posted by Rivermead Global Property

You are quite right i was asking if this was an initial reservation and not passed the 21 days point where they need to sign the contract and pay the first 40%. Unfortunately they have paid 40% and it is not an initial reservation fee.

Hi,

I argued hard with Westside Development Ltd and all they offered was our money back,which would have been fine if thats what I wanted but it wasn't. I wanted what was sold to us and thought it would have been better for them to fullfill their promises ie fitted kitchens,air con, fitted wardrobes etc than to lose the sale.

I am trying to get out to Hurghada in the next few weeks so I can assess to opportunity properly and will decide how and if I am going to proceed once I get back.

Thanks for your advice

[Peter Mitry]

Originally Posted by tinkerbell

Hi Peter,

It looks like I will be coming out to Hurghada some time in August. I have purchased at Westside Village and reserved at Veranda in Sahl Hasheesh even though I have only ever been to Sharm. I was wondering of whether we could meet up having never been there before I am keen to learn as much about the two resorts as possible.

Thanks

Tinkerbell

I would be happy to meet you. My email is peter@egypt-real.com and my mobile is (002) 0161 714 337.

[belfast-connection]

Originally Posted by tinkerbell

Hi,

I argued hard with Westside Development Ltd and all they offered was our money back,which would have been fine if thats what I wanted but it wasn't. I wanted what was sold to us and thought it would have been better for them to fullfill their promises ie fitted kitchens,air con, fitted wardrobes etc than to lose the sale.

I am trying to get out to Hurghada in the next few weeks so I can assess to opportunity properly and will decide how and if I am going to proceed once I get back.

Thanks for your advice

if you proceed with the contract that will not prevent you from suing for the original misrepresentation

why i say that you might be better to do this is that if you repudiate then you arguably miss out on the profit you initially gained by locking in the original price

if you continue to get the benefit of the original price but say 'the price i negotiated was on the basis of x, y and z' which you haven't given me therefore i'm entitled to sue in misrepresentation for damages - if you had properly advised me of what i was getting into i either would've gone elsewhere or would have bargained for a cheaper price

[tinkerbell]

Originally Posted by belfast-connection

if you proceed with the contract that will not prevent you from suing for the original misrepresentation

why i say that you might be better to do this is that if you repudiate then you arguably miss out on the profit you initially gained by locking in the original price

if you continue to get the benefit of the original price but say 'the price i negotiated was on the basis of x, y and z' which you haven't given me therefore i'm entitled to sue in misrepresentation for damages - if you had properly advised me of what i was getting into i either would've gone elsewhere or would have bargained for a cheaper price

hi,
Thanks for this! I appreciate your help. I wanted to do that when we first realised but my partner at the time did not want the hassle. But as you say it was a misrepresentation. I want to meet the developers soI can get a real understaning of the project andhope to get out asap! Willkeepyou all posted on what I find out!!