Is there a lawyer we can trust?
Quote:
Originally Posted by
Unregistered
At the initial meeting with our lawyer when we paid our deposit for a 'flipped' property our lawyer repeatedly told us that our money was safe. He smiled indulgently at my repeated questions regarding the security of our funds and kept telling us there was nothing to worry about and in any case the Bank Guarantee would ensure our money was safe. He explained how the Bank Guarantee worked and even offered scenarios in which we might have to claim if anything should go wrong. They also asked us ti give them power of attorney for the purchase of the property as this would mean we would not have to travel back and forth from Spain to sign the contract etc.,
Tired of waiting almost four years for completion and after repeatedly asking our lawyer to seek the return of our deposit under the terms of the 'Bank Guarantee', (to which their repeated reply was that it would involve a very expensive court case because the bank said, ' Only when a judge says we must pay back the money will we return it to the purchasers') we decided to change lawyers.
When we received our file from them there was no Bank Guarantee. I asked them if they had misplaced it and their reply was, 'The developer failed to do his duty and supply one'.
My Questions.
1.Should I sue the lawyers for gross negligence??
2. What do you think would be the outcome?
3. What would be the approximate cost.
4. Where would I find another lawyer with the ability to do this
Thank you.
Hi, I am in the same situation as you. I have now realised how corrupt the Spanish Law is. I cannot see a way out of this. Unless of course you are prepared to spend nearly as much again. That is what my solicitor is suggesting. I did have a bank guarantee, but it expired within 6 months of the original completion date. My solicitor could have renewed it, but she just did nothing at all. I did not know this, until too late, I cannot see the point of having a bank guarantee that expires just when you need it. I think the only way forward is to get together (there are thousands of us in the same situation) and fight the system together. What do you think?
Who is responsible for community fees
Can you advise who is responsible for community fees for apartments where investors have paid a 30% or more deposit but not completed the purchase? Does the responsibility belong to the owner or the developer and are they liable for the community fees from the time the FOL was issued (i.e. when the apartment would have been ready for occupation)
Many thanks
BB
Quote:
Originally Posted by
Lawbird Lawyer
Dear Sir,
Of course. Developers can force you to complete on a property which has a
Licence of First Occupation (aka LFO) already granted (fully legal) as per art 1504 of the Spanish Civil Code. They will compell you to complete before a Notary Public on a certain day and time by means of a burofax to the address provided in the PPC.
Failure to do so will result in them not only withholding the deposits as laid out in the PPC but more importantly also they will now be free to take legal action against you for breach of contract as you failed to complete.
It's up to them to decide if it's worthwhile or not to pursue legal action against you even in your home country. Some do some don't.
It is something that quite definitely does happen.
Please read real life's example of
developer's threat to complete:
http://www.eyeonspain.com/forums/posts-long-7277.aspx
http://www.eyeonspain.com/forums/posts-long-8175.aspx
http://www.eyeonspain.com/community-...ompletion.aspx
Yours faithfully,
Raymundo LarraĆ*n Nesbitt