how snagging can be the wedge you need to keep the contract open.
Now we are not talking wedgies here, nor are we speaking about golf implementes, or, er, clubs, we are actually circling a much more sensitive area - steady - an area of legal density that some of our clients, and indeed not yet clients, have not seemed to spot.
Tecnicil, as we know, if not in the doggy doo, are certainly suspended over it with an ever weakening tether and as a result the contractual position you may all find yourselves in could soon become, well, covered in the same stuff.
We have consulted with several legal advisers and they all agree on one thing - if you do not snag your property then the propery will be sold, to quote the tedious Tecnicil blog not to mention the promissory contract, "as is". Clients that dig their heels in for whatever reasons need to be aware that the contract does not give them the right to do so. Just because Tecnicil are late does not deprive them of the right to cancel the contract.
Similarly the existence of some aspects of the resort or the apartment to finalise does not give you the automatic right to delay either. Quite a few clients have said to us that they are not going to snag until such and such has happened. Well that is their prerogative but we would be derelict in our duties if we did not inform you ALL of the following:
1. If you have conducted a snagging inspection and the snagging "window" closes then Tecnicil HAVE the right to notify you for deeds and CANCEL you if you do not complete. Any problems in the property will be ignored.
2. So far Tecnicil have done little, as we know. No one has been cancelled in spite of some being warned. However, if BES take over, then the grey men in suits from Lisbon will look at the contract in perfect monochrome and if you have not completed then you are in breach. Simple as.
3. HOWEVER, if you have carried out a snagging inspection and your trusty and reliable overseas snagging and property inspection company (That's us, by the way) have discovered something then you can legally and correctly delay your completion. Tecnicil will try and suggest you have to complete as they will play this game where they say that the inspection was "Conclusive", well that is not what the contract says. The contract states, IN ALL CASES, the following:
O ciclo de inspecções/rectificações/reinspeções será repetido tantas vezes quantas as necessárias até que qualquer das partes notifique a outra que submete o litígio à resolução da arbitragem.
which is to say:
The cycle of inspection/rectification/re-inspection shall be repeated as often as may be necessary until either party notifies the other that they require the dispute to be resolved by arbitration.
Now this is simply NOT open to the kind of interpretation Tecnicil are giving it. This is not to say that we suggest people should use it for small snags, but those people who are concerned about completing before seeing something of substance CAN use this clause and SHOULD use this clause. But the alternative, and this is for sure as we have heard this from people within both Tecnicil and BES, is that if and when the bank take over then they will cancel ALL clients who have not completed. Unfair? probably so get yuorself protected, contact Snagging Overseas NOW and we will be happy to assist.
You can get us on info@snaggingoverseas.com or on Skype with the id snagging.overseas or on the electric telephone on +44 (0) 208 1448200
Have a snag free day!
Who are we?
- Snagging Overseas
- A unique company specialised in snagging property in many countries.
Monday, 6 June 2011
Tuesday, 17 May 2011
Stunning Opening Night at the Tortuga Beach and Spa Resort overshadowed by....
Snagging Overseas joins Top Dance group “Diversity!”
Oh yes..I did a windmill, the worm and a moonwalk and Snags your uncle I was in!
Big shout to Jamie McNaughton and the boys – a great group of very grounded chaps showing that Britain does indeed have some very special talent. Keep the Faith and fly that flag boys! Check out their superb routine on YouTube Tortuga Cape Verde opening night.
With his Excellency the Prime Minister officially opening the Resort along with the Resort Group Chairman Mr. Rob Jarrett the dignitaries were many and plentiful. The warm environment mixed with the congenial company of people enjoying the tranquility of the resort along with a weekend long complementary bar all created a wonderful fun filled atmosphere!!
It was a truly memorable few days with a host of quality bands and sounds in the resort and out onto the spectacular “Bond “like Stage set on the beach. (and my word that was a bugger to snag!) This stage was definitely set for something reminiscent of the beach parties in Ibiza and none other than the legend that is DJ superstar Danny Rampling was at the tables on both Saturday and Sunday night. Another top chap and check out Danny’s website http://www.dannyrampling.com/. I’ve not stopped listening to the Pink Pigeon since I returned! Also conducting some tunes over the weekend was the gorgeous Sophie Ellis Baxter, the band E2, mixed occasssionally with delightful melodic Cabo Verdean sounds and the mood was set for a very quite Monday morning!
Representatives of the Sol Melia Group were in abundance as it has now taking over control of the Resort. Having first worked with the Melia group in Cuba in 1994 I am sure that its work ethic will provide a great success not only for the Owners who have purchased in Tortuga but for the whole of the Cabo Verde Archipelago.
We are now taking bookings for the snagging inspections in Dunas which will be operational in July so please sure you get your forms to us to qualify for the Spring Price Buster!
From my rekey to the Paradise Beach Resort the first inspections are immenitmet as are the inspections for the Tropical Resort.
More to follow with news on Vila Verde where I stayed for 6 days!
In the meantime watch out for Diversity, listen to Danny and have a snag free week!
Wednesday, 4 May 2011
If You Called Or Wrote - Don't Panic!
It seems we always say this. But it's true. With Snagging Overseas, the world's favourite post completion and now property management company, there is never an need to panic.
In line with our new property management commitments we have been MOVING OFFICES!! My Word, it's awful!
In line with our new property management commitments we have been MOVING OFFICES!! My Word, it's awful!
So we've been snagging and cleaning our own place for a change. Please write to us on info@snaggingoverseas.com if you need something but the phones are down and will only be up when Portugal Telecom sees fit to do something. There'll have been another Royal Wedding by then!!
Saturday, 16 April 2011
Crises - What Crises?!
Crises…what crises?!
This was the lead quote in All the national newspapers on Friday morning after the incredible triumph of 3 Portuguese teams reaching the semi finals of the UFA cup. ( no chance of plagiarism here! )
In times of economic remiss and political pressure it reminded me of what the country's most famous economics teacher – the good Dr Salazar – used to eulogize to his puppet government: feed the people the three F’s: “Football, Fado and Fatima” and that will keep them quite.
Football aside as a staunch Catholic country next weekend marks the start one of the most important in the religious calendars (and we don’t mean that wedding!) with both the Fatima Shrine and the moody blues of Fado playing a major role. And whilst driving the snagmobile north up to Lisbon yesterday and forgetting the current woes it appeared the whole country was on the other side heading south – it reminded me of the influx of first time fishermen on Amity Island in 1975 looking for that big fish! (Or is a mammal?!)
With time to reflect on the political crises (sounds far better in Portuguese as its pronounced “Chris “ ) (Those bloody good for nothing Chris’s!) and listening to a rather prophetic 21 year old from Woking “You choose your leaders and place your trust as their lies wash you down and their promises rust “ one couldn’t help but be astonished at the complete and utter miss management of such a beautiful country.
I know many of our clients are concerned that the Vila Verde development is being under written by the Portuguese bank – BES. If Portugal is in such deep poo how on earth will Tecnicil survive if it joins Freddie Laker in the sky?!
The irony in Portugal is the collapse here has not been effectively caused by the banks - it is the systemic failure of ineffective government which has constantly believed its own self importance. In order for the Euro mechanism to work initially it required as many countries as possible to join the party. Smaller less productive countries like Portugal and Greece were offered rich rewards to sign up. Some of the 100’s of millions of Euros provided to Portugal can be seen in improved infer structures however there are huge holes where money has been “lost“into a vacuum of Politicians’ mohair suits. Even more ironic is that the Portuguese banks avoided the banking collapse witnessed in other countries due to its own policy of not lending any money to anybody!! Even if you were wealthy enough and your duck pond needed a deep clean! It’s the Banks that have been buying the government debt, however it reached the point where the institutions could not afford to carry on. We are all concerned here at the austerity measures the IMF and chums will bring – Portugal never enjoyed a “boom” before a ”bust” like Spain and Ireland. They just think they did!
And we all we wanted was a simple’s life and enjoy the sun!
Tuesday, 22 March 2011
Vila Verde and The Walls!
Some people could be forgiven for thinking that Tecnicil's Vila Verde Resort on the Cape Verde Island of Sal is something that is always in our Blog. This is probably quite normal considering there are more than 1200 units on the resort and we have been snagging around a third of these for the last two years.
And sometimes it feels like we have been snagging individual units for two years! Now, the reason for this post was to touch on an issue that many clients have mentioned to us so, in a kind of two-birds-with-one-stone approach we thought we'd explain what we have seen happen with regards to some common snags, especially the one regarding the wall. Or the not wall. The lack thereof, as our legal brethren would say.
The original spec for many of the apartments in Vila Verde included a small wall that divided the kitchen from the lounge. It was not meant to be a large wall, only a metre and a half and was more of a partition, really. However, although included in the original spec, and therefore a contractual item, the wall was not put in.
Tecnicil have said that they decided not to go ahead with this wall because they felt that ascetically the lounge and kitchen area looked better without it. Fenh Shui apart, it is up to you the client to decide if this missing wall is something that you want to address. From Snagging Overseas we would underline that this is not actually a snag in and of itself (More legalese there) because it is a deviation from spec and one that is documented and obvious. However, the information we have received indicates that there is a clause in the Promissory contract, Clause Two of the Annexes, we are told, that states that Tecnicil does have the right to make modifications to the spec. It appears that under this contract they only have to notify clients if this modification results in a change in area to the apartment of more than 2%.
As this is not the case then it is moot as to whether this missing wall constitutes breach of contract on Tecnicil’s part. We do not regard it as a snagging issue because it is not something that can be “remedied” or that can be fixed. You will need the services of your lawyer to decide if this is the sticking point.
And sometimes it feels like we have been snagging individual units for two years! Now, the reason for this post was to touch on an issue that many clients have mentioned to us so, in a kind of two-birds-with-one-stone approach we thought we'd explain what we have seen happen with regards to some common snags, especially the one regarding the wall. Or the not wall. The lack thereof, as our legal brethren would say.
The original spec for many of the apartments in Vila Verde included a small wall that divided the kitchen from the lounge. It was not meant to be a large wall, only a metre and a half and was more of a partition, really. However, although included in the original spec, and therefore a contractual item, the wall was not put in.
Tecnicil have said that they decided not to go ahead with this wall because they felt that ascetically the lounge and kitchen area looked better without it. Fenh Shui apart, it is up to you the client to decide if this missing wall is something that you want to address. From Snagging Overseas we would underline that this is not actually a snag in and of itself (More legalese there) because it is a deviation from spec and one that is documented and obvious. However, the information we have received indicates that there is a clause in the Promissory contract, Clause Two of the Annexes, we are told, that states that Tecnicil does have the right to make modifications to the spec. It appears that under this contract they only have to notify clients if this modification results in a change in area to the apartment of more than 2%.
As this is not the case then it is moot as to whether this missing wall constitutes breach of contract on Tecnicil’s part. We do not regard it as a snagging issue because it is not something that can be “remedied” or that can be fixed. You will need the services of your lawyer to decide if this is the sticking point.
Saturday, 19 March 2011
Furniture Suggestions from Snagging Overseas
At Snagging Overseas we are often asked for recommendations for all kinds of services. You will probably have seen we already "declared" for a currency broker, and you can get quotes and sign up with them here below:
With regards to furniture we have sort of watched from the sidelines as Tecnicil sold many packages and, given they had the unique ability to offer the guaranteed rental return to you, we felt it would not be right to encrouch upon what they were doing. Of course we then saw the MRI furniture debacle and so we felt we should, as a snagging company that sees what actually ends up in the properties, make our recommendations to you for furniture packages that we KNOW get delivered in the traditional way. By this we mean, you pay 50% as a down payment, the entire contents of the package as described in the inventory gets delivered to your apartment and then, upon our confirmation that all is well, tell you to pay the balance. SIMPLES!
Let your friendly Snagging company handle this for you by contacting us on info@snaggingoverseas.com we'd be glad to help.
With regards to furniture we have sort of watched from the sidelines as Tecnicil sold many packages and, given they had the unique ability to offer the guaranteed rental return to you, we felt it would not be right to encrouch upon what they were doing. Of course we then saw the MRI furniture debacle and so we felt we should, as a snagging company that sees what actually ends up in the properties, make our recommendations to you for furniture packages that we KNOW get delivered in the traditional way. By this we mean, you pay 50% as a down payment, the entire contents of the package as described in the inventory gets delivered to your apartment and then, upon our confirmation that all is well, tell you to pay the balance. SIMPLES!
Let your friendly Snagging company handle this for you by contacting us on info@snaggingoverseas.com we'd be glad to help.
Tuesday, 1 March 2011
Do You Have ALL Your Vila Verde Furniture? Snagging Overseas can check for you!
Snagging Overseas has had a few strange requests in our time and we have always tried to accommodate our clients in these deeds they set for us.
So for all Tecnicil clients on the Vila Verde Santa Maria Resort on Sal Island, Cape Verde we have decided to offer a service that a few clients requested specifically of us - we will go to your apartment and take a detailed inventory of all that is there! Yes, no more wondering what has been put in. We will also take some photos of the items so you can get a clear picture - no pun intended - of your property. Really it makes sense because missing furniture items are without doubt a snag!
Contact us on info@snaggingoverseas as soon as possible as we are preparing schedules right now.
If you just wish for a photograph service then may we remind you that we also do this?
So for all Tecnicil clients on the Vila Verde Santa Maria Resort on Sal Island, Cape Verde we have decided to offer a service that a few clients requested specifically of us - we will go to your apartment and take a detailed inventory of all that is there! Yes, no more wondering what has been put in. We will also take some photos of the items so you can get a clear picture - no pun intended - of your property. Really it makes sense because missing furniture items are without doubt a snag!
Contact us on info@snaggingoverseas as soon as possible as we are preparing schedules right now.
If you just wish for a photograph service then may we remind you that we also do this?
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