Property contract according Consumers Law.

LoadingFavourite

This topic contains 17 replies, has 6 voices, and was last updated by Profile photo of mariadecastro mariadecastro 9 years, 3 months ago.

  • Author
    Posts
  • #53114
    Profile photo of mariadecastro
    mariadecastro
    Participant

    http://www.costaluzlawyers.es/eng/?p=48

    The format is a little bit crazy but I am sure you can read it.
    I thought it was interesting for those of you who are about to buy and for those of you thinking of cancelling your contract.

  • #74544
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Maria,
    Thank you for the posting, Yes, yet again another for the Lawyers Library with all the royal decrees etc.

    1) The question is will the lawyers apply in the spirit of the law ?

    2) Where the law affects say a property developer and brown
    envelopes “effectivos” to influence the matter judgements will respect
    it ?

    3) Will the judges hold consumer interest as paramount in the Courts ?

    4) Would a Bank honour its guarantees.

    5) If the lawyers have not dealt with the client in this or other legislation. Will the college of Abagado do anything, to set an example ?

    6) Will this be applied fairly to Spanish or not non spanish ?

    I am sure that in the absence of this act there were laws, The problem is not the legislation but its practise and enforecement.

  • #74344
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Maria,
    Thank you for the posting, Yes, yet again another for the Lawyers Library with all the royal decrees etc.

    1) The question is will the lawyers apply in the spirit of the law ?

    2) Where the law affects say a property developer and brown
    envelopes “effectivos” to influence the matter judgements will respect
    it ?

    3) Will the judges hold consumer interest as paramount in the Courts ?

    4) Would a Bank honour its guarantees.

    5) If the lawyers have not dealt with the client in this or other legislation. Will the college of Abagado do anything, to set an example ?

    6) Will this be applied fairly to Spanish or not non spanish ?

    I am sure that in the absence of this act there were laws, The problem is not the legislation but its practise and enforecement.

  • #74549
    Profile photo of mariadecastro
    mariadecastro
    Participant

    @shakeel wrote:

    Hi Maria,
    Thank you for the posting, Yes, yet again another for the Lawyers Library with all the royal decrees etc.

    PLease find my answers below in blue:

    1) The question is will the lawyers apply in the spirit of the law ? If they are protecting consumers they will, if they are on developers side they may or may not.
    2) Where the law affects say a property developer and brown
    envelopes “effectivos” to influence the matter judgements will respect
    it ? Need to think that just some judges are corrupted in Spain and there are always higher instances.
    3) Will the judges hold consumer interest as paramount in the Courts ? More and more.

    4) Would a Bank honour its guarantees. Yes. If not, the bank guarantee is an excutive title to be brought to Courts.
    5) If the lawyers have not dealt with the client in this or other legislation. Will the college of Abagado do anything, to set an example ? [/color]
    6) Will this be applied fairly to Spanish or not non spanish ? If you are non spanish, have an independent, consumers centered lawyer to act in your behalf and assure thet your rights as a consumer are respected.I am sure that in the absence of this act there were laws, The problem is not the legislation but its practise and enforecement.

    Yes, that is life. That is why we lawyers exist.

  • #74349
    Profile photo of mariadecastro
    mariadecastro
    Participant

    @shakeel wrote:

    Hi Maria,
    Thank you for the posting, Yes, yet again another for the Lawyers Library with all the royal decrees etc.

    PLease find my answers below in blue:

    1) The question is will the lawyers apply in the spirit of the law ? If they are protecting consumers they will, if they are on developers side they may or may not.
    2) Where the law affects say a property developer and brown
    envelopes “effectivos” to influence the matter judgements will respect
    it ? Need to think that just some judges are corrupted in Spain and there are always higher instances.
    3) Will the judges hold consumer interest as paramount in the Courts ? More and more.

    4) Would a Bank honour its guarantees. Yes. If not, the bank guarantee is an excutive title to be brought to Courts.
    5) If the lawyers have not dealt with the client in this or other legislation. Will the college of Abagado do anything, to set an example ? [/color]
    6) Will this be applied fairly to Spanish or not non spanish ? If you are non spanish, have an independent, consumers centered lawyer to act in your behalf and assure thet your rights as a consumer are respected.I am sure that in the absence of this act there were laws, The problem is not the legislation but its practise and enforecement.

    Yes, that is life. That is why we lawyers exist.

  • #74560
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you for your reply. Lets see and hope that any improvement is better than the current/past.

    It, seams to me that until the system does not deal with the corrupt lawyers/judges the confidence will be missing. I dont know who supervises the Judges in Spain but as far as the lawyers are concerned the core problem lies with the Colegio de Abagado.

    If, the Colegio start taking matter seriously and strike off lawyers who are incompetant, negligent, corrupt, and plain crimnals than the confidence will return to the market.

    I am surprised that the senior members, who makes the policy and ethic of the Colegio and its members seam to lack this wisdom and foresight. I dare say they may share/encourage the current practises.

  • #74360
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you for your reply. Lets see and hope that any improvement is better than the current/past.

    It, seams to me that until the system does not deal with the corrupt lawyers/judges the confidence will be missing. I dont know who supervises the Judges in Spain but as far as the lawyers are concerned the core problem lies with the Colegio de Abagado.

    If, the Colegio start taking matter seriously and strike off lawyers who are incompetant, negligent, corrupt, and plain crimnals than the confidence will return to the market.

    I am surprised that the senior members, who makes the policy and ethic of the Colegio and its members seam to lack this wisdom and foresight. I dare say they may share/encourage the current practises.

  • #74594
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks for the info Maria.

    Looks like complaints should now be made about the Colegio de Abogados, rather than to them.

  • #74394
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks for the info Maria.

    Looks like complaints should now be made about the Colegio de Abogados, rather than to them.

  • #74595
    Profile photo of mariadecastro
    mariadecastro
    Participant

    Higher instances:

    I. For lawyers: Consejo General de la Abogacía Española :

    http://www.cgae.es

    WHICH HAS AS MISSION : to keep the good practise of Lawyers and protect citizenship´s rights before them.

    II. For Judges: COnsejo General del Poder Judicial:

    http://www.poderjudicial.es/eversuite/GetRecords?Template=cgpj/cgpj/principal.htm

    WHICH HAS AS MISSION: To keep the good practise and judges and protect citizenships´rights before the Judges and Courts.

  • #74395
    Profile photo of mariadecastro
    mariadecastro
    Participant

    Higher instances:

    I. For lawyers: Consejo General de la Abogacía Española :

    http://www.cgae.es

    WHICH HAS AS MISSION : to keep the good practise of Lawyers and protect citizenship´s rights before them.

    II. For Judges: COnsejo General del Poder Judicial:

    http://www.poderjudicial.es/eversuite/GetRecords?Template=cgpj/cgpj/principal.htm

    WHICH HAS AS MISSION: To keep the good practise and judges and protect citizenships´rights before the Judges and Courts.

  • #74612
    Profile photo of Inez
    Inez
    Participant

    Maria – you are one brave lady!

    Good luck to you and many thanks for keeping your honesty and integrity in the face of adversity within your profession

    I know there are many good lawyers out there, but most are too worried about comebacks to stick their necks out – they do a good job for their clients and keep their head down, so I applaud you for having the b***s to stand up.

    Have a great weekend and hola to the bub!

  • #74425
    Profile photo of Inez
    Inez
    Participant

    Maria – you are one brave lady!

    Good luck to you and many thanks for keeping your honesty and integrity in the face of adversity within your profession

    I know there are many good lawyers out there, but most are too worried about comebacks to stick their necks out – they do a good job for their clients and keep their head down, so I applaud you for having the b***s to stand up.

    Have a great weekend and hola to the bub!

  • #74617
    Profile photo of Anonymous
    Anonymous
    Participant

    Hola Maria,

    Many thanks for the link- I have emailed a copy of the letter which I sent in August 2006 to the Colegio de Abogados de Murcia – who didn’t bother to reply, even though I sent copies twice, in both English and Spanish, and by ‘Signed For’ postal service which confirmed delivery.

    Best wishes to you and your new baby.

    x

  • #74435
    Profile photo of Anonymous
    Anonymous
    Participant

    Hola Maria,

    Many thanks for the link- I have emailed a copy of the letter which I sent in August 2006 to the Colegio de Abogados de Murcia – who didn’t bother to reply, even though I sent copies twice, in both English and Spanish, and by ‘Signed For’ postal service which confirmed delivery.

    Best wishes to you and your new baby.

    x

  • #74620
    Profile photo of Anonymous
    Anonymous
    Participant

    I totally second Inez’s post.
    And thank you for not being denial, acknowledging the extent of the corruption for what it is and helping so many (successfully) with their cases and helping us all with info.

    I’ve had cause to send you a pm a couple of times recently for advice/help re. others I know – and you answered by return, despite being very pregnant at the time.

    What a true trooper you are!!!!

  • #74632
    Profile photo of Anonymous
    Anonymous
    Participant

    Hope to meet up with Maria soon to discuss the way ahead with our ‘Lawyer Complaints Document’ & Consejo General de la Abogacía Española. Can’t wait 😀

  • #74636
    Profile photo of mariadecastro
    mariadecastro
    Participant

    Come on!
    I am just doing what I have to do.
    Thanks anyhow!
    Maria

You must be logged in to reply to this topic.