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Thread: No opt out contract

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  1. #1
    Junior Member
    Join Date
    May 2009
    Posts
    5

    Default No opt out contract - Legal fees and representation

    Hi
    We had a no opt out contract and the seller sold to another, resulting in 5 years of litigation up to and incuding the Supreme Court in Madrid and we have won all times.

    We are in the "interesting" position that our lawyer has already settled for his legal fees with the other party. They have made a derisory offer and he says we must take it or leave it. It is impossible for us to accept it does not even cover our expenses let alone our losses. So we are advised to return to court and ask for the court to enforce the sentence. Our lawyer is not willing to do so and has made a demand for further monies from us to release the case. It amounts to around 7000+ euros in total.

    Are there charges that lawyers are not able to recoup from the other party?
    Also given that we pay the outstanding amount are we then entitled to receive the papers - I mean immediately?

    This has also resulting in criminal charges - the initial charge was "not upkeeping the property as per the contract" (sorry I don't know the legal terminal terms - this is as it was explained to us on the day )and the Judge at that hearing advised the other party they would face a charge of fraud should the Supreme Court appeal fail.

    Hope you can help,

    Regards
    Charlotte
    Last edited by charlotte; 05-28-2009 at 06:06 PM. Reason: change title to reflect problem

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