August 22, 2006 at 9:49 am #52147
I would like to know how I am supposed to find out if my lawyer is independant of the builder ?
Ok, so it was the firm recommended by the agents Medsea, but I did my own asking around and the firm of lawyers are well known and reputable and not knowingly associated with any dodgy dealings.
However, I am now getting the brush off from them and dont feel they are acting in my interests.
Emails and letters dont get answered, I asked a Spanish friend to phone them on my behalf and they got shirty with her saying “I should contact them if I had a problem”, she explained I was trying but got no response hence her now assisting me in finding out what was going on.
As it is, my case is that my lawyer is holding my 30% deposit because the developer cannot issue a BG as there is no licence as the land is still classed as rustic. Had I known about this before I had sent my 30% then I would have walked and be happy to lose the 3000 euros holding fee. But it was me that found out the licence was not issued after finding out the problem on another forum and then me emailing my solicitor to see what the deal was and if the forum post was true ! Which they confirmed was !
Now why didnt they inform me of that BEFORE I sent the 30% ??? Or warn me that there may be a problem ?
I am now trying to track down someone who I can be sure is independant to try and get my 30% back from my solicitor !!! as they have not handed it on to the builder yet….. hence my post, where / how can you know they are independant ?
August 22, 2006 at 11:40 am #65069
What a good question that is Mark, and one which baffles some of us I’m sure!
With your lawyer not informing you that a BG should have been issued before you parted with 30K is just yet more proof that he is NOT following the correct ‘rules’ (the rules these legal geezers make up I assume)…
How the heck is he guarding your welfare? It’s disgusting that you have enlisted and paid this ‘professional’ and all he’s done is lead you down the garden path.
As your lawyer (or flawyer as their getting re-named these days) is retaining the 30k stick to your guns in demanding it back.
I would also threaten to report him to the colegio de abogados on the matter.
all the best,
August 22, 2006 at 12:50 pm #65075
Your best bet is to personally visit your lawyer. IF he /she is holding your deposit in a client a/c, I presume they are earning a good amount of interest on it! I would refuse to leave until questions had been answered as to how you are in the position of paying a deposit on property on rustic land…a situation your lawyer should know is illegal! There will never ever be a BL to build on rustic land!!!!!!!!!!! 🙄 Threaten reporting him to the Collegio de Abogados & OMIC. DEMAND your money back. It is his place to tell the developer that there is an illegal contract here. What is stopping him refunding your money? If there is no building licence then he has no right to hold your deposit. It is quite appalling 😈 If that fails tell them you are reporting the matter to the police ….and do just that! You have to be VERY authoritative when speaking to some lawyers and make them realise you are not going to be fobbed of with c*** excuses!
August 22, 2006 at 1:57 pm #65076
Another lawyer for the ‘Rogues Gallery’ list I think……
I totally agree with Claire – threaten them with the police and the Colegio de Abogados.
It is simple – this ‘purchase’ has no legality.
Any reason your lawyer gives for holding on to your money has no legal standing.
Don’t ask….. demand. And do it quickly before he does pass it on to the builder.
And by the way, do not accept losing your 3000 euros either. This was accepted by the builder illegally as he did not have any of the necessary licences to offer anything to sell in the first place.
As the police (Civil Guard) have just been instructed to investigate/log and report all illegal developments/builds etc., they will be most interested in this one!
Don’t bother with another lawyer – the police will do the job!
August 23, 2006 at 12:05 pm #65102
Well i dont know what my friend said, but I have just received an email from my solicitor asking what bank they want me to pay my deposit back into and will only charge me 250 euros for the work they have done.
i am not sure yet if i will get any of my 3,000 euros back, but will be more than happy to get my 64,000 euros back !!
perhaps all is not lost.
language is a barrier to communication, I am just fortunate I had a Spanish friend who knows the right things to say.
August 23, 2006 at 4:38 pm #65119
Mark – What great news!
It’s a great feeling, isn’t it (Claire and I got our monies back last month 😀 ).
However, don’t you dare give up on that 3000 euros (approx £2000 – buy a couple of holidays in Spain ?????).
I would suggest you ask your lawyer to still demand this amount returned also – say you are determined to report the whole affair to the police if they do not.
It is a lot of money that this developer should not be keeping.
He is probably hoping you are so relieved to get the 64,000 euros back, you will turn a blind eye to the ‘mere 3,000’.
Don’t let him get away with it. It is all hard-earned money THAT IS NOT HIS!
Remember all the interest on your money that you’ve lost – and get angry! 👿
Just my opinion.
August 24, 2006 at 10:25 am #65155
well i am asking for the 3000 as well.
as it is, due to the exchange rate movement I will lose out over £1500 even though they are sending me all my money back !!
so all in all it will have cost me over £4000. mind you, rather that than losing over £40,000 !!!
fingers crossed i will get the 3000 euros as well.
August 26, 2006 at 1:53 pm #65216
I know of one case where, the buyer was unhappy about the lawyers delings, regarding the registration costs, and when he threatened the Guardia, the lawyer promptly ‘refunded ‘ all those monies, saying they’d pay it themselves!!!
Hardly the actions of an innocent lawyer!!
As regards indepence of chosen lawyer, I always advise that you ask the agent for a list of all the lawyers they might recommend, and then find someone NOT on their list, as they will definetely not be independent if the agent recommends them. well not in many cases anyway, so dont take the risk. Preferrably use a lawyer from another town, as there is less chance of them being related, best friend, ex school mate, etc etc, or just in the agents back pocket!!
many agents etc, advise that it is not wise to use an out of town lawyer, as they won’t know the local rules etc….. they can find out easily enough, what it may be is they dont have the local contacts, who will give them a nod and a wink, to let things go through, without everything being 110% legal, but that is better for the prospective buyer. It is best to use one in the same province/autonomous region, and not too far away, so they dont just sub the work back to one of the locals you might have been trying to avoid.
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