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terry
02-13-2009, 08:58 PM
Hiya. In 2004 I signed for an off plan property through OVP in manilva. It was meant to be handed over on the last quarter of 2007. I’ve been told I can pull out and request MY money (96,200) plus interets because of breach in late delivery. I’ve contacted avrious abogads who have been recommended to me. A well known litigation solicitor in cadix is asking me for 4,300 to speak to the develkoper and 18,000 euros more if she has to take my case. I was wondering how much would you guys at lawbird charge me? Ta.

Lawbird Lawyer
02-13-2009, 10:29 PM
Dear Sir,

First of all let me start by saying that please do not feel tempted to post negative remarks on other lawyers or law firms (either by specifically naming them or else by personal allusions that leave no doubt on whom it might be you are referring to) as this goes against the forum rules (http://www.marbella-lawyers.com/forums/showthread.php?t=82) of this website.

Back on topic, it is difficult for us to give you quotes on our legal fees if we haven't even examined your case yet. And for that purpose I would need you to first scan and email us (http://www.lawbird.com/services/contact) a copy of your Private Purchase Contract. We first need to establish if you indeed have a case or not (http://www.marbella-lawyers.com/articles/showArticle/10-reasons-case-against-spanish-developer-may-be-thrown-out) against your developer.

In any case the breakdown of our standard litigation fees would be as follows:

1.- Solicitor's fees 4,000€ plus 16% VAT amounting to 4,640€
2.- Barrister fees 1,300€ (which includes first ruling, second ruling and execution)
3.- Sundries 300€ (couriers fees, registered letters, etc.) the balance of which if unused is refunded to you.
4.- On top of our legal fees we also charge 10% on all the recovered amounts (stage payments, legal interests and compensation -if applicable-).

So on average our standard litigation fees for a case similar to yours would amount to a total of 6,240€.

If we win the First hearing you are not charged to go onto a Second hearing (should the defendant file an appeal). Should we lose the First hearing then we would request additional fees to file the appeal at your choice which would amount on average to approx 1,800€.

On filing a lawsuit we will also request from you an amount to secure a provisional embargo plus additional barrister fees. This amount is placed before the law court. Please request our litigation FAQ in which this point is explained clearly to avoid any misunderstandments. Often there's really no point in litigating in these cases if no provisional embargo is requested from the judge. Please read our article (http://www.marbella-lawyers.com/articles/showArticle/Is-Litigation-Against-Spanish-Developers-Worthwhile)on the matter.

The legal fees above already include us negotiating previously with the developer to seek an out-of-court settlement, if at all possible; we do not charge any additonal fees to the tune of 4,300€ as you write (If I've understood your email correctly) on top of our litigation fees for that purpose.

It would be best that you contact us privately (http://www.lawbird.com/services/contact) and we will be happy to give you a personalised legal quote for our litigation services only once we've made certain that you do indeed have a case.

As you mention OVP, which are now bankrupt I believe, please read this thread (http://www.marbella-lawyers.com/forums/showthread.php?t=88)on them.

Regards,
Raymundo LarraÃ*n Nesbitt