I need a good independant solicitor in Costa del Sol

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This topic contains 52 replies, has 18 voices, and was last updated by Profile photo of Anonymous Anonymous 10 years, 4 months ago.

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  • #51995
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    Anonymous
    Participant

    My developer wil be at least 12, probably 14 months overdue on completion.
    The property is smaller than proposed
    The environment is not what it is supposed to be
    I want to withdraw from the deal as I consider the contract to be void
    A solicitor was recommended to me. I sent the papers to him over 2 weeks ago and he has not even read them yet
    I will also be bringing an action against the UK agent who I feel has been complicit in the deception, has taken funds from me under false pretences and is liable under the Misrepresentation Act. However this will be a separate action to the Spanish claim
    Given what I hear about Spanish law and lawyers I reckon I will probably have more sucess with the UK action but nevertheless I need to take action in Spain
    I need a lawyer who is prepared to do something. I’m not being unreasonable. I feel totally impotent at the moment.
    Has anybody any ideas or recommendations. If so can you please get back to me asap
    Many thanks
    Nigel

  • #63595
    Profile photo of Anonymous
    Anonymous
    Participant

    Had absolutely no problem with my lawyer and used him for two purchases, happy to recomend him. Snr Raul Suarez.

    Lex-Marbella Abogados, S.L.
    C/ Notario Luis Oliver 2 – 4º
    Edificio Banco de Jerez
    29600 Marbella (Málaga)
    TEL. (34-95) 290-1199
    FAX. (34-95) 290-1615
    EMAIL: rsuarez@lex-marbella.com

  • #63935
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    Anonymous
    Participant

    We used Lex-Marbella and I would definately not recommend them. We were buying at El Soto De Marbella until we finally got our money back. They were the lawyers recomended by Grupo Mena (the developers) so not independant!

  • #63735
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    Anonymous
    Participant

    We used Lex-Marbella and I would definately not recommend them. We were buying at El Soto De Marbella until we finally got our money back. They were the lawyers recomended by Grupo Mena (the developers) so not independant!

  • #63766
    Profile photo of Anonymous
    Anonymous
    Participant

    DIANA ZUURING
    ABOGADOS
    TERRAZAS DE BANUS, LOCAL 20
    PUERTO BANUS
    29660 MARBELLA
    MALAGA
    952 906 185
    657 711 865

    http://www.zuuring.com

    info@zuuring.com

    an excelent lawyer who speaks many languages

  • #63966
    Profile photo of Anonymous
    Anonymous
    Participant

    DIANA ZUURING
    ABOGADOS
    TERRAZAS DE BANUS, LOCAL 20
    PUERTO BANUS
    29660 MARBELLA
    MALAGA
    952 906 185
    657 711 865

    http://www.zuuring.com

    info@zuuring.com

    an excelent lawyer who speaks many languages

  • #63769
    Profile photo of Anonymous
    Anonymous
    Participant

    Having looked at the above website, I downloaded the Buyers Guide. On page 4, “Purchasing a property on a new development” it states:

    Many developers offer these bank guarantees free of charge, others make a percentage charge.

    We have discussed so many times on the forum that BG’s should be given by law when purchasing an off plan property…free of charges.

    It also states:

    In the unlikely event that the developer does not finish the property or goes into liquidation, all funds will be returned in full with 6% interest

    I recently emailed a lawyer who had written an article for”eye on spain”. where he quoted the 6% interest. I said that it was somewhat misleading whilst in Spanish law they may say that it is 6% when in reality it seems impossible to achieve this. I was very bluntly told that all his colleagus in law firms in Marbella regularly achieve this 6%!!, that he researches his facts carefully and implied I should not dare to question his word.!! 😳

    Both Drakan & Cesar (lawyers) have told us that it is the legal annual interest rates that lawyers work too. ie the legal bank rate.

    How then do these companies get away with this “misleading” information?

    Barbara & I were not awarded 6% on our Bank Guarantees. No compound interest is paid and as I write 34 days after the Bank paid our money (over £200,000) into the Court in Madrid, we, nor our Lawyer has received one cent of this money. The Court is still sitting on it. 😈 In 13 days time the Court will close for all of August.

    I truly despair of the Spanish legal system.The written law is one thing …the reality is quite different. 😥

    Knowing what I know now, I would question the above lawyer on these two facts alone.

  • #63969
    Profile photo of Anonymous
    Anonymous
    Participant

    Having looked at the above website, I downloaded the Buyers Guide. On page 4, “Purchasing a property on a new development” it states:

    Many developers offer these bank guarantees free of charge, others make a percentage charge.

    We have discussed so many times on the forum that BG’s should be given by law when purchasing an off plan property…free of charges.

    It also states:

    In the unlikely event that the developer does not finish the property or goes into liquidation, all funds will be returned in full with 6% interest

    I recently emailed a lawyer who had written an article for”eye on spain”. where he quoted the 6% interest. I said that it was somewhat misleading whilst in Spanish law they may say that it is 6% when in reality it seems impossible to achieve this. I was very bluntly told that all his colleagus in law firms in Marbella regularly achieve this 6%!!, that he researches his facts carefully and implied I should not dare to question his word.!! 😳

    Both Drakan & Cesar (lawyers) have told us that it is the legal annual interest rates that lawyers work too. ie the legal bank rate.

    How then do these companies get away with this “misleading” information?

    Barbara & I were not awarded 6% on our Bank Guarantees. No compound interest is paid and as I write 34 days after the Bank paid our money (over £200,000) into the Court in Madrid, we, nor our Lawyer has received one cent of this money. The Court is still sitting on it. 😈 In 13 days time the Court will close for all of August.

    I truly despair of the Spanish legal system.The written law is one thing …the reality is quite different. 😥

    Knowing what I know now, I would question the above lawyer on these two facts alone.

  • #64002
    Profile photo of Anonymous
    Anonymous
    Participant

    Get in touch with Maria de Castro, you will find her address on the spanish sight forum.

    If she can’t sort it out for you nobody will!!!

  • #63802
    Profile photo of Anonymous
    Anonymous
    Participant

    Get in touch with Maria de Castro, you will find her address on the spanish sight forum.

    If she can’t sort it out for you nobody will!!!

  • #64005
    Profile photo of Anonymous
    Anonymous
    Participant
  • #63808
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    Anonymous
    Participant
  • #64008
    Profile photo of Anonymous
    Anonymous
    Participant

    A good lawyer that gets results doesn’t come cheap. You get what you pay for. The c*** lawyer we first had was VERY expensive.. and they landed us in deep ****. 😈

  • #63814
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    Anonymous
    Participant

    A good lawyer that gets results doesn’t come cheap. You get what you pay for. The c*** lawyer we first had was VERY expensive.. and they landed us in deep ****. 😈

  • #64009
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Claire

    A good lawyer that gets results doesn’t come cheap. You get what you pay for.

    I agree (yes we agree 😀 ) Irwin Mitchell are a very reputable solicitors here in the UK, just pointing out they apparently have an office in Marbella.

    And before you ask, I don’t work for them 😉

    Regards

    Paul

  • #63816
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    Anonymous
    Participant

    Hi Claire

    A good lawyer that gets results doesn’t come cheap. You get what you pay for.

    I agree (yes we agree 😀 ) Irwin Mitchell are a very reputable solicitors here in the UK, just pointing out they apparently have an office in Marbella.

    And before you ask, I don’t work for them 😉

    Regards

    Paul

  • #64010
    Profile photo of Anonymous
    Anonymous
    Participant

    You know Paul, I wouldn’t use a lawyer based in Marbella. I know that is a sweeping statement, but I think they are all part of “the ol’pals club!” They all know each other. That’s just my opinion.

    Maria did well for Cazybianchi… I would certainly talk to her.

  • #63818
    Profile photo of Anonymous
    Anonymous
    Participant

    You know Paul, I wouldn’t use a lawyer based in Marbella. I know that is a sweeping statement, but I think they are all part of “the ol’pals club!” They all know each other. That’s just my opinion.

    Maria did well for Cazybianchi… I would certainly talk to her.

  • #64025
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    Anonymous
    Participant

    I found Maria to be conservative with the truth.

    Feel free to read the Manilva lease scheme thread for this reason.

    Regards

    David

  • #64026
    Profile photo of Paul
    Paul
    Participant

    Hi Nigel, if you want a UK based lawyer that deals with a lot of Spanish property and is represented in Spain (sometimes easier re phoning etc)
    then Champion Miller and Honey in Tenterden, Kent and ask for Ian Miller (sen partner) since he also owns a property in Spain and knows the pitfalls as well as most.

  • #64139
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    Anonymous
    Participant

    I have just re read a chain of mail from Maria and I think my post ´Conservative with the truth´is off the mark.

    Looking back on our conversation I realise she was a plain liar and dishonest

  • #64141
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    Anonymous
    Participant

    @David wrote:

    I have just re read a chain of mail from Maria and I think my post ´Conservative with the truth´is off the mark.

    Looking back on our conversation I realise she was a plain liar and dishonest

    I would think that you could be in trouble for saying that David !!

  • #64142
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    Anonymous
    Participant

    i have just read the manilva lease scheme thread as david advised, and can’t see any faults with Maria’s posts?

  • #64143
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    Anonymous
    Participant

    Hola Nigel,

    I have experience of a lawyer in the Province of Cadiz who I found to be efficient and professional. Send me a private message and I can pass on her details to you/ we could chat on the phone. I have worked all my life in property and am more than amazed by what goes on here.

    Saludos,

    James

  • #64144
    Profile photo of Anonymous
    Anonymous
    Participant

    Re: Claire

    If a lawyer manages a 6% interest he deserves a medal for finding a stupid developer. That law is almost 40 years old and it musn´t be taken literally, because it was passed in a Dictatorship and now we live in a Democracy with annual budgets wich set the annual legal (delay) interest.

    Developers are anything but stupid and will only pay maximum what they are legally obliged to, which is more or less 4.5% for this year. No more and certainly willing to pay less. If a lawyer is promising 6% or he is completely biased or he doesn´t know what he´s talking of, IMHO.

  • #64145
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    Anonymous
    Participant

    Hola Nigel,

    A follow up to my first message. See you are a Chartered Surveyor. So was I from 71 to 94 before resigning to do property restoration. I live in Spain. Hope to hear from you.

    Saludos,

    James

  • #64147
    Profile photo of Anonymous
    Anonymous
    Participant

    Nigel – look at the website “recommended” list. I’m sure you will find a lawyer there to meet your needs.

    I have used one of Lawbird’s lawyers for both house purchase and litigation. I have found them to be very effecient and not unreasonably priced. Look at the http://www.lawbird.com website

  • #64150
    Profile photo of marios
    marios
    Participant

    Yes if you look at the website the lawyer that I recommended to the thread originator is on the Trevor Mc Donald programe (Antonio Flores)on the 28th of July,its about the Marbella planning situation.

  • #64163
    Profile photo of Anonymous
    Anonymous
    Participant

    Goodstich, I´m with you here…unless there is something going on in the background with the PMs, all that Maria appears to have done is to get hold of the contracts of Spains behalf, and with their permission, from David and offer to give a legal interpretation of them. Spain was interested enough in the development to try and find out more through the forum and Maria was acting on Spains behalf…

    David: Are you accusing Maria of being dishonest as she said Spain was her client? I can´t see what other problem there is.

    I think it would have been better if she had PM´d this information to Spain but looking at it positively, you come accross in a good light as you have shown that you answer enquires quickly and try and provide the requested information to prospective clients.

    With best wishes,
    Heather

  • #64164
    Profile photo of katy
    katy
    Spectator

    Not sure what you are rambling on about her heather but to sum up, David was aiming to promote a development with unrealistic expectations and maria offered to find out more info. which showed as most of us thought that rental guarantees are worthless, thanks to Maria. David is just a bit peeved because he’s been rumbled.

  • #64165
    Profile photo of Anonymous
    Anonymous
    Participant

    katy

    yes, that was my impression.

  • #64167
    Profile photo of Anonymous
    Anonymous
    Participant

    My issue with Maria was she contacted me and said that she was looking to buy in the development and wanted more information.

    I happily gave her the information as it was provided to me from Paris.

    At all time she claimed that she was either looking to buy or was looking to buy on behalf of clients.

    She refused to answer calls when I left them and when she did speak to me she was evasive and non committal.

    She posted emails on this site that I had no knowledge of, not that I am worried about the content but it would have been courteous to have asked.

    Hence my point, to me she is as devious as any other lawyer that plies the trade and uses this forum to drum up trade.

    If I offend anyone then I apologise, but those are my feelings towards your ´independant legal adviser´

  • #64168
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    Anonymous
    Participant

    David, IMO, Maria is no more devious than the programme makers that go “undercover” to various companies in Spain, to get the info they want. It seems to me that is the only way to get info as, if one presented oneself in their “true colours” they would be told nothing!!!

    I think Maria should be congratulated for taking the time & trouble to help “spain”.

  • #64169
    Profile photo of Anonymous
    Anonymous
    Participant

    quote=”Drakan”]Re: Claire

    . If a lawyer is promising 6% or he is completely biased or he doesn´t know what he´s talking of, IMHO.[/quote]

    Drakan,
    Those are my sentiments too! 🙂 Why though, does all the printed literature STILL quote 6%?

    Anyway, at loooooooooooong last we actually have our money back in our bank account, as does Barbara! 😀

  • #64170
    Profile photo of Anonymous
    Anonymous
    Participant

    David wrote:
    My issue with Maria was she contacted me and said that she was looking to buy in the development and wanted more information.”

    I am going to be a little tough on you here, David.
    Maria was only employing one of the tactics people use who are involved in client research. Pretending to be a punter!
    Sometimes it is the only way to put oneself in a customer’s position, and see how a particular company behaves.
    Even Egon Ronay restaurant inspectors use this method. They don’t declare who they are. If they did, they would only get served ‘the best grub!”.
    I employed the same tactic with the (‘Orrible Exceptional’) estate agents to see if they were still plugging a new development giving my developer’s name as the one whose development it was. (They weren’t in fact ‘legally’ the developer, they had formed a baby company as a front if anything went wrong, as on my developement – but try to lull people into thinking they are buying from the big parent company).

    “I happily gave her the information as it was provided to me from Paris.”

    That smacks to me a little of “I gave Maria the information, but if any of it is false, it is only what I am told by Paris.

    “At all time she claimed that she was either looking to buy or was looking to buy on behalf of clients”.
    Personally, if I still had my market research company, I would offer her a job!

    “She refused to answer calls when I left them and when she did speak to me she was evasive and non committal”.
    Sounds like Maria is just keeping up the Spanish tradition of lawyers, estate agents and developers……. 😉

    “She posted emails on this site that I had no knowledge of, not that I am worried about the content but it would have been courteous to have asked”.
    Free publicity David!!! Whichever way you look at it (courteous or not) it is free publicity!! A promotor’s dream……as long as there is nothing to hide.
    This forum is read by thousands each month.

    “Hence my point, to me she is as devious as any other lawyer that plies the trade and uses this forum to drum up trade”.
    I look at it a different way – as devious as any other lawyer/agent/developer……I’m afraid your profession has exactly the same reputation ‘that plies the trade’.

    “If I offend anyone then I apologise, but those are my feelings towards your ´independant legal adviser´”
    Everyone is entitled to their opinion on this forum – I just feel your timing is a little unfair as Maria made it clear last week that she is now away on holiday, and consequently is unable to speak for herself.

    Barbara

  • #64171
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    marios
    Participant

    Spot on Charlie,I think you have answered all those replies perfectly.

  • #64368
    Profile photo of Anonymous
    Anonymous
    Participant

    Katy

    You are actually very very wrong.

    I am working with Pierre Vacances on the development. Maria contacted me and stated that she had clients looking to purchase and wanted more information.

    She never answered phone calls and I only got her because her colleague passed on a mobile, she then became evasive and did not answer my questions directly.

    I was more than happy to provide the information and did so as the information was provided.

    The development is strong and backed by one of Europes largest leisure providers.

    It would appear that you are distrusting of the property market and do not accept guarantees when they are provided and legally and financially underwritten.

    I have not been rumbled in any way, if anything Maria has as she posted private information without the courtesy of a call or answer any of my emails or phone calls directly

    Regards

    Cheers

    Dave

  • #64370
    Profile photo of Anonymous
    Anonymous
    Participant

    @David wrote:

    Katy,……It would appear that you are distrusting of the property market and do not accept guarantees when they are provided and legally and financially underwritten

    .

    Gosh! 😯 I wonder why that would be!!!

    David you are just another agent selling another new project. Rightly or wrongly, people are sceptical. Forums like this have woken a lot of people up to the corruption & scams taking place in Southern Spain. Maybe your development is OK but you and others in your occupation will be caught in the backwash of the current tide, I think.

  • #64428
    Profile photo of Anonymous
    Anonymous
    Participant

    Claire

    You are of course right and I understand that they market has its share of dodgy operators and bad developers, however not all are.

    I could turn the story the other way and say that all investors who have been robbed or treated badly is actually a naive or greedy investor that has caught a cold.

    However that is not the case, as many people have been treated really badly by both agents and developers.

    Please remember not all agents or investment companies in the UK are bent!

    Cheers

    Dave

  • #64432
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    Anonymous
    Participant

    David

    ‘You are of course right and I understand that they market has its share of dodgy operators and bad developers’

    ……..i think most of us see that as a massive understatement!

  • #64444
    Profile photo of Anonymous
    Anonymous
    Participant

    Goodstich44

    dont forget that many hundreds of thousands of people move to Spain each year from all over the world and on the whole, the vast majority of those people are happy…

    Perspective would be good.

  • #64455
    Profile photo of Anonymous
    Anonymous
    Participant

    David

    that does sound rather like sales talk, even outside the forum, i have heard very few positive comments about buying new in spain in the last few years. At best it seems problematic, at worst disasterous. I’m sure many people are happy, but the ‘vast majority’ ……..i don’t think so?

  • #64456
    Profile photo of Anonymous
    Anonymous
    Participant

    On BBC world news this morning it said that the Spanish housing industry was in trouble because so many Spanish people are reneging on their mortgages, unable to pay them.

  • #64457
    Profile photo of Anonymous
    Anonymous
    Participant

    All this ‘bad’ news would make Spain the ideal place to buy, would it not?

    Paul

  • #64458
    Profile photo of Anonymous
    Anonymous
    Participant

    perhaps? ..always some winners in a bad situation.

  • #64459
    Profile photo of Anonymous
    Anonymous
    Participant

    I wonder how long it will take for “personal baggage” to be discarded.

    Feedback about personal experiences is extremely useful in building up a broad picture enabling individuals to make informed decisions – on this site – about buying property in Spain.

    My personal view is that it is counter productive to villify everything about Spain as part of what appear to be some personal crusades.

    I too have had bad experiences in the property market – in UK – in Cyprus and in Spain. (And I have lost money as a result of these experiences). I am still positive – have bought in Spain – have a good lawyer – and love the country and the people!!

  • #64460
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    Anonymous
    Participant

    OliverB

    I agree entirely.

    I had a good experience in Spain (CDS in fact) and to be perfectly honest a better one than buying a new and off plan home here in the UK.

    Regards

    Paul

  • #64461
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    Anonymous
    Participant

    goodstich44

    perhaps? ..always some winners in a bad situation. 

    Maybe you missed my meaning, which is I don’t believe all I hear or read in the news. There is lots of evidence to suggest (on this site in fact) that the situation is not that dire. It is also news we hear in the UK almost weekly about the UK market but I see no drop in prices do you?

    All of this must be off topic anyway.

    Regards

    Paul

  • #64465
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    Anonymous
    Participant

    oliver p800aul

    i agree, in fact i’m driving down to spain on a 2 week camping holiday (costa brava), so still keeping the faith!, however, i speak as i find, and despite having had many good times staying and touring round spain on mortorbike and in car and meeting some lovely people, my 4 year nightmare on CDS has left me feeling angry about the spanish system and the way the developers have got away with daylight robbery for so long. I dont think that’s unreasonable. Like many people, i hang on to the thought it will all come right in the end.

  • #64466
    Profile photo of Melosine
    Melosine
    Participant

    Spain is a huge country.
    The CDS just a small part and for some reason I don’t understand draws people like magnets . Forgive me for generalising but my impression of the area is that it is the home of the rich and famous English crooks and as such has never appealed to us. Maybe this is why the Mayor and his associates in Marbella became corrupted. So much flashy tastless wealth from ill gotten gains. The corruption is not new news has been ongoing for many years.
    This in no way excuses the rogue developers but it should make people extra cautious and although pockets of similar activities in other places in Spain the country in general is more honest than not.

    The vast majority of people I know,and there are many,in the other areas of Spain are all happy. Not everyone had an easy transition but all live in legal homes and I have yet to meet one who would return to UK.

    So lets keep things in perspective

  • #64472
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    Anonymous
    Participant

    Melosine

    o.k, but lets also tell it like it is! (for not all, but many)

  • #64473
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    Melosine
    Participant

    goodstich44

    Sorry but I am not quite sure what you mean.

    I think this forum is excellent, the best, for telling how it is for many who attempt to buy in Spain and things go disastrously wrong through no fault of the buyer I was simply pointing out that there are good stories as well and one has to keep things in perspective.
    If people are honest !! I bet there is hardly anyone who has bought in Spain who hasn’t had serious concerns. How ever much info you devour and checking there is also something one hasn’t counted on. We did but not all of Spain has had the catastophic problems as CDS.
    I often point folk to this forum because this is the place for things to be sorted out by the legal experts and for free.

  • #64474
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    Anonymous
    Participant

    Spain is a fabulous place to go on holiday. We go twice a year(+ the other trips inbetween to see the lawyer!!) Where we go we have made many friends and the Spanish people are always so friendly. BUT….We would NEVER trust the property market there ever again. Once bitten, twice shy!

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