A little over two years ago Jesper Kristiansen and his wife bought a townhouse on the edge of Benalmádena village, part of a development called “El Carambuco”. In 22 months, according to the contract they signed with the developer, Aifos, their new home would be ready. The couple paid about 40,000 euros of the total cost of 154,270 and waited for building work to start. But nothing happened. “Without giving us any reasonable explanation, after putting us off for a long time, the company told us that they were not, finally, going to build the houses, so they would give us our money back and that would be that”, explained Jesper indignantly last week.
He is now camping periodically, in protest, on the land where he had hoped his new home on the Costa de Sol would stand. His wife, who is seven months pregnant, and his young son, accompany him at the “camp site”. “The developer”, said the Kristiansen family lawyer, Carlos Cómitre, “intends to return the money along with a ridiculous amount of interest. What the family want is a similar home to the original one they bought if it is not going to be built in the end.”
When the young family from Denmark got nowhere in conversations with Aifos, they decided to go to court to force the developer to honour the contract or to return, not only the money handed over but damages for the delay and the current market price. “It goes without saying that the price has gone up since they bought their house”, said the lawyer. But the case is being delayed and has not come to court yet, nor has a date been set for the hearing. Jesper’s wife considers that it is not just a question of finance: “We are going through a bad time because our feelings and our future are affected, not just our money”.
The Kristiansens are prepared to carry on camping on the site until the company meets their demands or until the case comes to court. They are well equipped, with food, blankets, light and other basic necessities. But the couple are alone. They are the only purchasers of property in the second phase of this development who have not accepted their money back without demanding anything else. Nevertheless they have no intention of giving up. “We are only asking for what is fair and just as a contract has been signed”, insisted Jesper. “And we are going to carry on fighting to the bitter end.”
The Facts
Townhouses: Aifos planned a second phase of townhouses on a development in Benalmádena. They were due to be completed in 22 months.
Purchase: The couple paid a deposit and some of the instalments on the 154,270 euro purchase price.
Annulment: The scheme was brought to a standstill and the money paid returned to the purchasers, The Kristiansens are the only ones who are not satisfied with this.
