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Thread: Ingofersa

  1. #1
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    Default Ingofersa

    About 6 years ago I paid a deposit on an off plan villa, I subsequently paid anoth two payments amounting to Euros 70K. This property has never been built. I never had a bank guarantee. I have been trying for about 3 years to get my money back from the developer which they offered but have never paid up. I have spent about Euros 10,000 with my solicitor and the matter has gone through the courts. I have had no paperwork from my solicitor and now am unable to contact her. The Developer, Ingofersa is still trading and still building as far as |I know. Is there anything else I can do about getting a return of my money or do you think all is lost now?

  2. #2
    Junior Member
    Join Date
    Oct 2010
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    Default

    I know someone who has a claim against the same developer. Ingofersa did admit that they owed them money and even gave a statement showing what they owed including interest. However, their solicitor in Vera Playa where they are based also told them to take legal action. They have paid money but not as much as you have. They are hoping that the trial will take place later this year but even then it does not mean they get the money. I am not sure what the next steps are after that for them. Have you got a successful judgement against them yet to say they owe you money?

  3. #3
    Inside Report
    Guest

    Default I may have the answer

    The answer is short and sweet:

    NEVER use a lawyer recommended by one of the other parties: real estate agent, developer, bank etc. If you still are using their lawyer you will get nowhere - as the lawyer is actually working for their colleague/friend - the developer or agent.

    Such a lawyer will take your money and do nothing that would compromise their real client - and believe me when I say that is not you! They will also go out of their way to protract any legal action against their real client or simply ignore you until you give up or get a lawyer that actually works for you.

    If you read any forum relating to mass property purchase - particularly off plan - you will note that the common thread linking everyone who are repeatedly failing to get results is the use of the recommended lawyer. This applies to any development anywhere in the world. I'm sure Lawbird will agree wholeheartedly with me on that score.

    The practice of taking a persons money to then represent the opposing person's interests is, of course, illegal, unethical and negligent, yet it is done on a massive scale in Spain in the world of real estate. That being said, although you are likely to get nowhere in the local courts (as judges are often as bent or ignorant as the lawyers) the law is the law and it is further bolstered by European legislation so that, once your case gets to the Supreme Court, common sense and the the law of the land is applied.

    It takes a while, folks, but as long as you are prepared for the case to get to the Supreme Court and out of the hands of the local yokels you will get the correct result. The law in Spain is only a disgrace at local level.

    Another tip: when looking for a new lawyer, get them to state in writing that they have never represented your developer or agent or any other interested party. Google their name alongside the names of the other parties to make sure they are telling the truth.

    Despite what you may read elsewhere on this website, negligent lawyers are culpable and can be sued - there's plenty of them in the dock at the moment in the Malaga area alone!

    Change your lawyer, follow some common sense due diligence and be prepared to take your case to the Supreme Court for the true application of the law. If you have a case then you will succeed.

    When looking for a good lawyer the British Embassy is a good starting point but take nothing for granted and don't be swayed by big, flashy, publicity seeking lawyers and law firms. Trust your instincts but do your homework, too.

    And I wish you the best of luck and a successful conclusion.

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