March 9, 2009 at 8:31 am #54814
Just want to post the transcript of a mail last week to my solicitor where I asked him specific questions regarding what he had done for me. You may recall my Solicitor advised from me not to complete at the Notary office but ommited to inform me that there was a clause in the contract to say if i did not complete on the day I forfeit my deposit.
I am now at the mercy of the developer + whether he want to sell to me or not!!
Anyway the point of this post is to show the bull I have been putting up with from this reputable Solicitor and to show the response the developer / builder is coming back with.
Anyway, last week I told the solicitor his services were no longer required.
I have omitted all names but I am in the process of Building a Factual Blog where I will be posting transcripts of mails and full details of all concerned. I will also post links on all the relevant sites every couple of weeks so prospective purchasers will be aware of the questionable services of this developer and solicitior.
I will also include taglines so if you enter this solicitor or developers name in google it will bring you to my blog.
To: My Solicitor
Sent: Wednesday, March 04, 2009 10:59 PM
Subject: Just some questions
Hi My Solicitor,
I have been discussing the legal situation re litigation with my Wife and she is concerned and she had as asked that before we take this further with your company can you confirm the following;
1. You sent a Bureau Fax to The Builders Company after our meeting in June 08 with The Builder to confirm details of our meeting and our request for a discount due to delay. (of three years)
2. Did you send a Bureau Fax in July to inform The Builder we would not be at the Notary because of the fact he had not responded to us. (re our request for discount + his promise to respond within a week)
3. Did you ever send The Builder a Bureau Fax to cancel the purchase contract, this relates to 2007 when I instructed you to get my deposit back.
From: My Solicitor
Sent: 05 March 2009 09:14
Subject: Re: Just some questions
The Builders Solicitor is saying that the Builder is saying that you were very rude in the meeting and that is way he does not want to help etc.
The Builders Solicitor has done his best (he says) to convince the Builder to complete.
Now he is asking me to make contact with The Builder direct following the last meeting and this is what I am doing.
Should you wish to employ another lawyer, please feel free but let me know as soon as you can.
March 9, 2009 at 11:14 am #90712
JUST MY PERSONAL OPINION:
If your lawyer is saying that he will contact the builder directly, let him do so. (Last chance saloon!)
Inform your lawyer of the specific question/s that you require answers to.
I would tell him that you need to clarify the exact position within a given number of days. Give a date of the month for this.
If nothing is settled to your satisfaction then you need to think about your situation. The builder still has your deposit! Changing lawyers, will drag this situation on for even longer. You need to take this into account before making the switch. (I did suggest you change lawyers some considerable time ago! 😉 )
Good luck Conn.
March 9, 2009 at 3:41 pm #90714
I am afraid this the immaturity of the Spanish and part of the Spanish Ego. They can behave in the manner that they like, even it is illegal, immoral, down right cruel. I don’t know whether you were rude or not but if you were you had reasons to be.
My view is that if the Spanish are so sensitive that they don’t like people being rude to them. Then they the Spanish should not give reasons to people, to be rude to them.
Irrespective that your lawyer could not be bothered to read the terms of the contract i.e. turning up at the notary etc. The Spanish when it suits them will enforce the last coma & full stop. However if you not subservient to them they don’t like.
March 10, 2009 at 8:49 am #90723
this happened with my first Spanish lawyer. When I said I thought his advice to complete was crazy, as our our apartment was half contract size, no BG, no LFO two years late etc, he said ” HOW DARE YOU CALL MY ADVICE CRAZY, I AM YOUR LAWYER”
……he wasn’t very shortly after that. He confirmed our suspicion that he was part of the agent/lawyer/developer triangle. A bit to late sadly!
March 10, 2009 at 9:28 am #90724
I have also encountered the same.
The problem is we (Irish & English) do business in a very direct and no nonsense way – we ask questions and we expect straightforward answers.
The Spanish way is all Estimado compañero and going around the houses and no direct answers. I have been told that when I attend meetings the tone is very different (i.e. the Spanish are uneasy) and that they do not like doing business with extranjeros or I guess do not like us telling them how things should be done! I have also been asked not to attend meetings but leave it to my Spanish colleagues which does seem to work at times.
In the past I have challenged many Marbella based solicitors or questioned why they did not do something or did something in a certain way and have then been threatened with a denucia to the Ilustre Colegio de Abogados de Malaga – why I don’t know since I am not a member!
Also when the Spanish are wrong or have made a mistake then you can’t say that to them directly but you have to delicately bring them round otherwise they will become very arrogant and start ranting “esto es españa ……”
March 10, 2009 at 10:01 am #90726
yes indeed. Even though we have a good lawyer now, when I tell them about something plainly wrong, I get the feeling they have little confidence that the judge will perhaps see it that way, even if it’s as plain as the nose on your face!! So frustrating, in the UK we are used to things like cheats, thieves, liars, being called wrong. I get the feeling you can’t do that in Spain, you have to fanny about in the hope that common sense might be used if you are lucky, or if someone is in the right mood on the day to see sense??
March 10, 2009 at 10:47 pm #90732
JJB-Mijas: You have covered the whole Spanish psyche, If I start replying to it, I could write the next “War & Peace”. I however fully concur with you.
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