Dear Sir/Madam,

No, the target would be the buyer.

If the property is paid by banker's draft there will be money in the account as the bank is guaranteeing it.

You do not have this guarantee with a normal cheque.

In any case, alternatively the lawyer may be blamed for having accepted a normal cheque which can bounce. That's why we qualified lawyers pay a professional indemnity insurance which doesn't come cheap and increases over the years.

As for a lawyer purposely withholding the sales proceeds it would be extremely foolish as in Spain this is a crime sentenced to jail. I doubt any lawyer would be willing to take a chance on such a delicate issue. In our experience a Criminal legal process is in fact very swift as the defendant will be more than willing to refund the funds or else face the grim prospect of a Spanish jail.

Yours faithfully,