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The Spanish Lawyer Online

Antonio Flores’ Blog

Thoughts about laws and regulations which affect foreigners in Spain


Archive for September, 2009

The Ultimate Spanish Consumer Law Solicitor

September 25th, 2009
If you thought a team of lawyers would resemble the above, you were mistaken!

If you thought a team of lawyers would resemble the above, you were mistaken!

When instructing a lawyer to defend a matter one has to identify a number of qualities within which we should highlight decency, professionalism, independency, honour, etc. The Consejo General de la Abogacia Española (Bar Association) establishes that not only these but a rather larger number of other obligations have to be met by the professional in charge of the matter before he undertakes to carry out the assignment.

As a lawyer I have to admit to a rather lack of conformity of lawyers’ modes and behaviours with the spirit of this legislative document which is also there to protect them. Invariably, age and experience (and of course financial success) makes some of us feel of an irritating superior kind which at times can be seen as patronizing by the layman, clearly a mistaken attitude if we want to be, ultimately, respected.

Fortunately younger generations are fully abiding, to the syllabus, with the obligations set forth by the “Estatuto General de la Abogacia”, which is the manual or rule book of the Spanish Bar Association, and one lawyer in particular, codenamed Panchito, has appreciatively condescended to our intellectual level in order to be fully understood.

Panchito, member of the Costaluz Lawyers Team, and who has distinguished himself with fully taking onboard every recommendation and obligation the lawyers’ bible sets forth, including that of appearing in Court with a full suit, tie, black shoes, white shirt and a robe, and at choice, a cap or beret (although looking at the suspect’s photograph I would propose to his honour that a wig is accepted), is setting the standards of the legal profession in Spain.

On a recent speech given by Panchito about Spanish Consumer Law, his field of expertise, at the Spanish Consumers Association annual convention, we were astounded by the force of his words: his clear, concise, jargon-free intervention is to be remembered in coming years. One will say that it is a triumph of speechwriting in this mind-numbing issue.

If you wish to contact Panchito you may do so by visiting this link. I swear you’ll not be disappointed with the services rendered just as Real Madrid is not regretting for one minute having hired Cristiano Ronaldo.


What Aifos Was Not Expecting

September 22nd, 2009

greedy-manWe have become accustomed to obtaining favourable Court rulings on behalf of clients who had exchanged contracts with Aifos with the hope of receiving a property, a pretty normal thing in normal circumstances, that is.

If we go back some years, on the surface, Aifos property business gleamed: hundreds of investors sunk their money with Aifos mostly with one aim, to make money. But Aifos engine rooms were not getting the required spare parts, namely building licenses, to deliver the product.

Perhaps above any other, the worst thing Aifos did was to sign contracts with punters stating that the projects in question had planning permission to build the apartments when this had not been obtained and in some instances not even applied for. It is in this respect that our firm has obtained a ruling crucifying Aifos for lying through their teeth, well deserved I shall say, and forces them to pay a client €24K, which is what he had paid on account of a final price of €106,000, plus an extra €110,000 in compensation (!), which equates to the increase in value a similar property would have cost him more had he decided to purchase it at the time of cancellation of the contract; Or, what his property would have been worth had it been built (and not when the judge ruled, which is now, when properties are ostensibly cheaper). We are grateful to Judge Eva María Gomez Diaz, working from Court number 10 in Malaga, for reaching this sensible conclusion.

Unfortunately Aifos´ immorality has long become a way of life for them, and they have now sought protection by applying for voluntary insolvency which will mean that the prospect of receiving their deposits plus interest and legal fees is now considerably reduced. The Aifos gang and it´s henchmen will long remain in memories of very many as the symbol of the putrefaction and depravity within the real estate business in the boom years of the Costa del Sol.

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