- This topic has 28 replies, 9 voices, and was last updated 16 years, 9 months ago by
.
-
Posts
-
-
I have started court proceedings against my developer and received a court date in a few months. I have now been notified by my Lawyer that the developer is counter-suing me for breech of contract!! My Lawyer is now asking me for more money to fight this 2nd case!
Has anyone else experienced the developer trying to counter-sue them once they have started proceedings? I believe from one of my contacts from SPI that we have Spanish Lawyers on this forum that have been giving very helpful legal advice. Please can any Spanish Lawyer’s help us? We would also like to hear from any other purchaser’s who have experienced similar problems?
JB
-
-
-
Thanks for your reply Suzanne! 🙂 Any legal advice would be very much appreciated!!
We paid our deposit on a apartment in Marbella in 2003. We were told by our Lawyer that the apartment was not legal & did not have a habitation licence.
We started a law suit in 2006 to return our deposit. We have just had our court hearing & we have got the final court date later this year.
We have now just been told by our Lawyer that we are being counter-sued by the developer so they can keep our deposit & we will have to pay our Lawyer again to defend us for this new court action.
JB
-
-
Hi Jules,
Even in Spain, I cannot see how your developer can counter-sue you when your case against him is already in the process of the Court. 😯 I would be asking your lawyer pertinent questions, as to how this has happened,and how can a counter-sue action be even considered by the developer at this stage? It is, in my opinion a delaying tactic by the developer not to go to Court. I would not pay the lawyer any more money at this stage and call their bluff. It is yet another outrageous example of the state of the judicial system in Spain.
-
JulesB, I don’t think the Developer’s action against you could ever succeed.
I almost had a similar position some while ago when I wouldn’t complete because of unfinished works and specifications etc on an apartment although my lawyer (recommended by Ocean Estates) a dreadful firm now known as DLM appeared to be working more for the benefit of both the Developer and Ocean against me, and said I would be sued by the Developer’s lawyer. I refused and told them to take me to Court then and I would be suing them for breaches of contract. They backed off.
It sounds like they may be bluffing you. I hope Drakan may answer you.
-
Hi Everyone,
Thanks for your comments. My solicitor has sent me a copy of the builders legal case against me so I am definitely being counter-sued.
Time is running out & I need to pay the additional fee’s to my solicitor to defend me. Please can any of the solicitors that log onto this forum get back to me with their comments asap?? I have been told that Maria or Drakan might be able to help?
Thanks
Julesb
-
julesB
good luck with your case. I would p.m either Charlie, Claire, Katy, Paul, Suzanne, Drakan, Maria etc. In my experience, these are all people you can rely on for good advice/information. I would beware of anyone who advises completing without all the correct paperwork in place, or with any serious breaches of contract.
-
Am receiving more emails from people being counter-sued. This seems to be happening particularly to those who have changed lawyers; the developer is sending the lawsuit to the original lawyers. What a ridiculous ‘game’ to play, when the developers are clearly aware of the Facts & of the new lawyer’s details. They have to be if they are being sued ❗
I can’t see why this further action incurs thousands of Euros more to those who have already paid their lawyer to take these developers to Court. All the information & facts have already been collated – and the developer can have his day in court at the trial when he is being sued.
Hopefully some wisdom from our legal team here will come soon – PLEASE. Many thanks in advance.p.s ❗
This further lawsuit would presumably have to come before a Judge in a ‘pre-trial hearing’ before given the o.k. to continue. The Judge would then see that the same case was already coming to Court. 🙄 -
Surely this is a ploy by the developer to put the fear of God into those, many that they probably know of, who have stretched themselves, maybe to the limit to buy, and can’t afford to lay out more cash to fund lawyers fees.
Very simple and little cost involved for the developer to counter-sue. Use their in-house lawyers, pay whatever fee necessary and they are away. Just wonder how many it will have an affect on, after taking into consideration what their lawyer will want in fees to defend, decide they can’t afford and just have to accept they have been caught.
Some developers may be considered by many to be con-merchants, but they are quite clever too. -
@mg wrote:
Surely this is a ploy by the developer to put the fear of God into those, many that they probably know of, who have stretched themselves, maybe to the limit to buy, and can’t afford to lay out more cash to fund lawyers fees.
It’s about time that the ‘fear of God’ is put into these corrupt developers & lawyers by their European & Spanish Superiors. I’m fighting tooth & nail towards this.
Very simple and little cost involved for the developer to counter-sue. Use their in-house lawyers, pay whatever fee necessary and they are away. Just wonder how many it will have an affect on, after taking into consideration what their lawyer will want in fees to defend, decide they can’t afford and just have to accept they have been caught.
They have already paid to be ‘defended’ in the case ❗
Some developers may be considered by many to be con-merchants, but they are quite clever too.
Yes, they are quite clever. They are also Dishonourable, Dishonest, Abusive & Breaking the Law.
-
-
I can’t speak for everyone MG; but I am certainly contacting all those who I believe have influence and insight. The FCO is aware of SPSP & I am keeping in contact with them. Michael Cashman MEP has also given his support, together with the President of the AUAN.
Maybe you would like to join us & offer some Action ❓
Back to this thread, am hoping we can help JulesB & others who are being counter-sued.
-
-
@Suzanne wrote:
Am receiving more emails from people being counter-sued. This seems to be happening particularly to those who have changed lawyers; the developer is sending the lawsuit to the original lawyers. What a ridiculous ‘game’ to play, when the developers are clearly aware of the Facts & of the new lawyer’s details. They have to be if they are being sued ❗
Suzanne I also have received emails saying exactly the same. Our lawyer is being contacted by other lawyers to ask about this situation. 😕
-
I think ultimately the issue of continuing Spanish property scandals which are being unearthed on a daily basis will have to be resolved by legal means .However the current situation does obviously require political involvement because the existing legal process is not delivering the proper justice .
Suzanne’s approach of continuing the fight at the local level whilst campaigning for political intervention must be seen as the right route.
Clearly the political process will have to be brought to bear on the legal one ,because there is a significant break down in the Spanish legal systems ability to resolve all the problems ,this situation will require new measures to be implemented to deal with what is rapidly becoming a crisis.This will only come from political pressure ,at this stage Europe is the best bet ,I am not aware of any Spanish MP’s joining the rush to assist wronged and robbed Ex pats .You have to use the best tools available and at this stage the MEP and EU is the most effective route
-
Have just received an email saying I may be contacted by a “respected Journalist” in Spain re SPSP. He is known by others who are involved in this fight for justice & is well spoken of. As & when I hear from him I will make it a point to highlight this disgrace of counter-suing on illegal properties.
Will keep you all fully informed 8)
-
-
-
-
Claire, it is outrageous 👿 How can a developer who cannot supply an LFO be allowed to open such a case ❗ I don’t think the developer will win the case, it is just a stalling tactic.
If I sold my house here and after paying a deposit, the purchaser’s lawyer found something wrong with the documents I hardly think I would be allowed to sue the would be purchaser.
-
Hello Javier & welcome to the Forum ❗ ❗
When someone has already started a case against a developer re: an illegal build, has a date to attend Court; How is possible that a ‘new case’ can be started by the same developer re: the same case, against the same person:?: Particularly, when there is no additional evidence to bring forward that is not already in the original stated court case ❓ Sorry this sounds crazy – but it is, & it’s happening.
Look forward to your professional comments & many thanks.
-
I think many of the problems arising from recent Court cases is because the lawyers in the main do not actually attend the “hearing”, unlike the UK in such instances. The papers are submitted to the judge and if he thinks that, for example, as has happened in recent instances, the claimant is an investor not a consumer or even worse , that the claimant cannot prove that he/she has not taken possession of the property even though he has papers in front of him from the notary verifying that it is not the case, there is no one there to argue for the claimant. Therefore it is either refused, appealed against or put on hold until a later date, sometimes up to another year later.
Another example is if there are defendant witnesses that do not attend the Court, then again the case is deferred. It should be tough luck and the case should go ahead for the prosecution. No wonder there is such a back log of cases when there is this ping-pong situation of appeals going on.
I wonder if there is a written paper that foreigners can obtain to explain Court /judicial procedures and terminology used in Spain? I read on another forum that a barrister, for which the client has to pay 2-3000euros extra for is not a barrister as we know them but really a glorified errand boy,
:These “Spanish Court barristers “are employed to do a lot of running round making sure that all parties are fully informed about pending court dates and to collate all of the relevant case documnents and make them available to both the prosecution and defendants lawyers in addition to the Judge
😯 Not the highly skilled litigation lawyer we would expect!
-
Dear Suzanne,
If the counterclaim is the same matter in dispute and the Court does not unify both cases, the lawyer of the first claimant would appeal to the Court in order to avoid a new proceeding. According to my experience, sometimes the Court does not know that there is another case with the same matter. Usually, the petition is accepted if both cases are the same.
“Procurador” is the Spanish name for the person who act on behalf of the client before the Court. Please note that according to the Spanish Law, in the important cases you need a PROCURADOR and a ABOGADO (Solicitor)
The Procurador will receive the information from the Court and I can confirm you that if you have a fantastic solicitor but your “procurador” is not very profesional, you will have problems….
In order to clarify the situation, “procurador” and “abogado” are learned in the law but the “procurador” will not act on your behalf in the trial.
Javier
Lawyer
TORO MARIN ESTUDIO JURIDICO -
-
-
I understand Javier. Very many thanks again – you’ve shed some light on this problem & some hope for those facing it. I know of one person who has been asked for more fees re: counter-suing than they have already paid for their established court case. How a developer can attempt to sue someone for not completing on an illegal property is quite shocking.
Looking forward to more posts from you in the future 🙂
-
-
- The forum ‘Spanish Real Estate Chatter’ is closed to new topics and replies.
