October 15, 2008 at 8:59 pm #54411
I purchased a property in Marbella that was three years late, only completed in July 08.
I had sent my solicitor a lot of correspondance over 18 months requesting he act on my behalf to obtain a refund under the bank guarantee. I never saw any correspondance from him to the builder but in the end he said he could not contact the builder. I received a letter in late June requesting from the builders solicitor I close in two weeks.
My solicitor set up a meeting with me + the builder to discuss the possibility of a refund / compensation in late June. The builder said he would consider compensation and that was the last I have heard. I have sent my solicitor many mails and called once a week since this meeting and I have not managed to speak to him or heard anything since.
Today his assistant said he has not heard from the builder. It is now nearly 4 months and I have not heard anything. I have 100k tied up in this since 2003.
What do you guys suggest, what do you think is going on, the solicitor was recommended by by the EA.
I’m contemplating sending him a mail to close asap for fear the builder goes under.
All a bit strange.
October 15, 2008 at 11:16 pm #87013
Get an independant lawyer as soon as possible to look into this on your behalf. If the builder goes under you may not want to be left with a proeprty thats maybe only partly finished, or may not be legal as without info from your lawyer you wont know anything for sure.
October 16, 2008 at 12:35 pm #87023
Your email is a little confusing. You start by saying you have purchased but then later say your money is with your solicitor pending completion? So I take it that means you have not yet completed?
This solicitor certainly sounds very suspect. You say he is holding 100k of your money and you have not been able to speak to him in 4 months despite calling on a daily basis. If that’s the case then you are not his client – maybe it’s the estate agent of the builder but it’s definitely not you!
No doubt he has charged you upfront and what you are getting is the usual shoddy service from Spanish Abogados. In fact you need to be very careful and check that he is indeed a registered practising abogado. I have come across many conveyancing limited liability operations who have stolen client monies. Also you need to bear in mind that Spanish solicitors (even if he is one) are poorly regulated in comparison to English solicitors and mixing client and office funds is not unusual.
You need to take Inez’s advice and get yourself a reputable independent solicitor and I always recommend dual qualified lawyers as that way you can easily file complaints in the UK. You would not accept this level of service in the UK so why accept it in Spain especialy when Spanish solicitors charge far more than their UK counterparts on conveyancing matters.
I also suggest you name and shame this firm and also that you file a complaint in Spanish with the Ilustre Colegio de Abogados de Malaga. Up until recently I would have said you are wasting your time filing a complaint but I came across someone who actually had some success after filing a claim and got his money back from the solicitor – but it’s got to be in Spanish!
Anyway best of luck
October 16, 2008 at 6:11 pm #87028
I “purchased” in that I paid the EA and Builder 100k in ’03, we were waiting for the LFO which is in place since July ’08. Some problem with building on a peice of land beside a river he should not have caused the delay. The builder says the council caused the delay.
I have another 50 to pay + tax + charges, the solicitor has charged me nothing so far despite me offering for a better service.
After a come to jesus mail yesterday to the sol I received a mail from him today saying he is still waiting for a response from the builder (since July ??? :-().
What do you think?
Switch Lawyer and press for a refund? Will I be liable for charges to this current solicitor? I have to say I met this solicitor and spent time with him and he seemed honest and ethical.
Just close and get the apartment in my name quickly incase the builder goes down? They now are selling for 10K cheaper than the price in my contract signed in’03
Stick with my Solicitor and let him still try and contact the builder/
Think I cant understand is that I phone my solicitor here in the UK and he calls me back within a day. In Spain it takes 4 months….
Frustrated + and a bit worried really…
October 16, 2008 at 7:36 pm #87029
Whatever you decide to do, dump that no-good lawyer pronto.
October 16, 2008 at 8:32 pm #87031
If you agreed to complete and hand over the rest of the dosh the lawyer would have no problem getting hold of the builder…you can bet THAT wouldn’t take 4 months 😉
October 17, 2008 at 8:04 pm #87075
I have received via this website (a pm from claire thank you) the name of an english solr in Marbella, we spoke today for 25min, he rang me back after I left him a message.
On his advice I have given the solr 1 week to set up a date to complete. He reckons I’m wasting my time going to court even with a three year delay or looking for discounts for delays.
If the solr doesnt get back we are into switching + whatever else,as i missed the close at the notarys office (with my solrs advice) we could be in choppy water.
If anyone is looking for a good solr this guy seems like he could be it. It was however only one call. PM me for details if required.
October 17, 2008 at 8:12 pm #87077
I’m really pleased to have helped. Good luck. 🙂
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