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View Full Version : Is Litigation Against Spanish Developers Worthwhile?



odbhreejt
05-04-2009, 07:32 AM
This is the discussion thread for the article Is Litigation Against Spanish Developers Worthwhile? (http://www.marbella-lawyers.com/articles/showArticle/Is-Litigation-Against-Spanish-Developers-Worthwhile)

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San Jose
09-22-2009, 05:52 PM
Can I assume that one cannot enter into litigation once a developer has gone into Administration?

Lawbird Lawyer
09-23-2009, 10:06 AM
Dear Sir/Madam,

Your assumption is incorrect.

Existing trials will continue regardless through a First ruling and a Second ruling if necessary.

New litigation cases will be heard by the Mercantile court itself whose been appointed the Receivership procedure, not by Civil courts as it would be usual.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt

Salah kamil
02-14-2010, 12:33 AM
myself and few others had sued the developer, we won the case, they appealed, now we wait for appeal hearing date in the mean time we applied for the excuation of the sentence" is there time limit for the court to give this order? becuase it is taken longer to excute the judgment than the initial hearing!!!
are we on the right track?
we have a good lawyer but it seems that he focuses on the appeal rather than getting court order to freeze / sell the developer's assests.
we need another opinion.
can you help?

Lawbird Lawyer
02-15-2010, 11:06 AM
Dear Sir,

I'm sorry, we cannot help. We do not take on caes which have already been filed before a court.

Yours faithfully,

Unregistered
05-20-2010, 07:57 PM
Is is possible that i can sue the devloper for my deposit back on the gardens of mailva project. Paid £100,000 deposit, which i thought was lost until i saw one of the artcles posted saying that they had won their case. Can somebody please point in the right direction of a good solicitor. Used Conveyancing UK as purchasing solicitor.

Lawbird Lawyer
05-21-2010, 09:28 AM
Dear Sir or Madam,

You can hire us. We already have over a dozen cases litigating in said development. I take it you bought one of the 258 flats and not one of the villas which alreday have a Licence of First Occupation issued.

You can read more on this development here:

Manilva Costa, SA (http://www.lawbird.com/wordpress/manilva-costa-manilva-gardens/)(Gardens of Manilva)

Plesae contact us (http://www.lawbird.com/services/contact) on your matter and we'll take it from there.

Yours faithfully,

Yvonne Wright
09-21-2010, 04:22 PM
Hi. I am writing on behalf of my mum who had paid a 70,000 deposit for a property at Almanzura Country Club and has never seen any return, she sold her house and has retired so now has no money. She now rents a council property. It says that on her documents there is a bank guarantee, but she hasn't received a copy. Please, please how can I help her to get her money back?

aflores
09-22-2010, 08:31 AM
Yvonne,

I you send us the paperwork we will be able to give you an opinion, free from cost. I can say however that Almanzora Country Club has turned out to be a disaster for investors but they are still operating so that´s something.

Below are my details.

Lynda England
02-10-2011, 04:32 PM
What happens if papers have been filed and accepted by the court and the address for the developer is now out of date and it is proving difficult to find a current one, but the properties are still being marketed for sale.

GreginLondon
03-07-2011, 07:54 PM
We won a case against the developer of a community in the Marbella area - the case was heard almost 4 years ago. The judgement took over a year from the hearing before being made (though why, I have no idea - but I am losing any faith or confidence in the Spanish legal system). However, the developer appealed and so we waited. And waited. I have now found out that our lawyer left the practice 15 months ago and it appears that nothing has been done about chasing up our case in that time (I know, I should have chased sooner but I have fallen into the Mañana, Mañana expectation....) I am about to fire a missile at the firm for not informing me that our lawyer had left nor for continuing to follow a case that we've paid a lot of money for already.
Do you have any opinions of the likely scenario - you say above that an appeal would delay a judgement by about 9 months, but it is now about twice that length of time. I am really despairing of any fairness or common sense in Spain and wish I'd never thought about buying there - my daughters have grown up and gone to university so the hoped for amenity of a place in the sun during their teens is now gone! Surely it can't take all this time to hear a straightforward case and make a judgement?!

aflores
03-12-2011, 07:13 PM
Hello,

I fully agree with you as we feel the same, on behalf of our clients, where the system fails to deliver justice or at the very least, if not justice, a ruling as if nothing else, it will be bring certainty and a sense of closeness.

You have probably landed your case in the slowest Court of First Instance and tehreafter, in the closest section of the Provicial Audience (Appeal Court). Under these circumstances, the case is likely to take years.

With respect to the ruling on the appeal, it does seem to be taking an awful amount of time. However, the lawyers cannot really be blamed as chasing rarely has any effect on the deciding magistrates, given that they work on a date-of-entry system to ensure that there is no "special" treatment to any lawyer or claimant/defendant in particular. What you could do is find out when is it likely to be issued, more or less, by getting the Procurador to make enquiries. This will have to be done through the lawyer.

geoff.hackett@virgin.net
05-11-2012, 07:20 PM
I won my case over 12 months ago and appeal date set for Jan 2013. It seems that developers appeal most decisions on the basis that they gain time and increase the chances that the client runs out of cash as I am told that I atill have to pay all my costs even if the original desion and appeal both go my way. Why do the courts allow this to happen. Surely appeal should not be tolerated purely because the developer does not like the decision and they should lose heavily for wasting more of the courts (and everybody else's) time. Having bought a retirement home, like many, my retirement will be over by the time this is resolved.