- This topic has 19 replies, 6 voices, and was last updated 15 years, 7 months ago by
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I paid a deposit of 49,000 euros and contracted to buy an apartment from a developer on an ‘Off Plan’ basis.
My lawyer failed to secure a bank guarantee, which I understand was his legal duty. When I realised this I changed lawyers.
My new lawyer has cencelled the purchase contract and has been trying to recover my deposit on the grounds that the developer is in breech of contract.
At the preliminary court hearing the developer agreed to cancel the contract and refund my deposit. Unfortunately the money has still not been returned and it now looks as if the developer will go bust.
I have been told that, in these circumstances, I can make a claim against the first (negligent) lawyer for damages and the return of my money.
I wonder if anyone on this forum has any experience of such a claim against a lawyer.
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David , sorry to hear about your problem.
I think you should think very carefully about paying yet more money to action a case against your first lawyer. The cynic in me says, and from a similar experience, that it would be very hard to sue this lawyer for negligence. It’s a common problem for hundreds and hundreds of people caught up in the Spanish property scandals. It appears to be a closed network. I think the only person that would make any money would be your lawyer from his fees, presuming he is willing to represent you should you decide to go ahead.
This is just my personal opinion. I’m sure others will have views on this . -
David , sorry to hear about your problem.
I think you should think very carefully about paying yet more money to action a case against your first lawyer. The cynic in me says, and from a similar experience, that it would be very hard to sue this lawyer for negligence. It’s a common problem for hundreds and hundreds of people caught up in the Spanish property scandals. It appears to be a closed network. I think the only person that would make any money would be your lawyer from his fees, presuming he is willing to represent you should you decide to go ahead.
This is just my personal opinion. I’m sure others will have views on this . -
Thank you Claire.
I am also sceptical about taking such legal action. The legal system in Spain does not always work as we might expect it to, and I would not want to throw good money after bad.
This is why I hoped to seek opinions from those forum members with far more knowledge and experience than me.
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Thank you Claire.
I am also sceptical about taking such legal action. The legal system in Spain does not always work as we might expect it to, and I would not want to throw good money after bad.
This is why I hoped to seek opinions from those forum members with far more knowledge and experience than me.
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If I can give my opinion, the issue is to know if the developer has the money to refund you. Obviously, that is the key matter in these days.
In other case, and having into account that 49.000,00 € is a good amount, what about try to get some kind of property from the developer to assure you can receive some value in the future?.
Your solicitor can try the way of negotiation or go directly to the court.
Is you can check your private contract, does it mention the insurance?. What type of written agreement did you have with your solicitor, any power of attorney?. I’m not cinic, but sceptical, because the money was received by the seller, and your first solicitor is just a secondary agent. Anyway, if there is any basis for the claim, the solicitors need to have an insurance for their activity.
Try to negotiate the fees with your current solicitor.
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If I can give my opinion, the issue is to know if the developer has the money to refund you. Obviously, that is the key matter in these days.
In other case, and having into account that 49.000,00 € is a good amount, what about try to get some kind of property from the developer to assure you can receive some value in the future?.
Your solicitor can try the way of negotiation or go directly to the court.
Is you can check your private contract, does it mention the insurance?. What type of written agreement did you have with your solicitor, any power of attorney?. I’m not cinic, but sceptical, because the money was received by the seller, and your first solicitor is just a secondary agent. Anyway, if there is any basis for the claim, the solicitors need to have an insurance for their activity.
Try to negotiate the fees with your current solicitor.
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If I recall correctly he was given details for on in Valencia – his previous lawyer based in Marbella!!!
He didnt bother and left it as it was on the basis of probably wouldnt get anywhere anyway.
You need to find a lawyer with teeth, there seems to be more about nowadays as in the good days, no one wanted to dob anyone in case they didnt get recomendations of work! This place works very much on networking, who you know and recommendations!
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If I recall correctly he was given details for on in Valencia – his previous lawyer based in Marbella!!!
He didnt bother and left it as it was on the basis of probably wouldnt get anywhere anyway.
You need to find a lawyer with teeth, there seems to be more about nowadays as in the good days, no one wanted to dob anyone in case they didnt get recomendations of work! This place works very much on networking, who you know and recommendations!
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The cynic in me says, and from a similar experience, that it would be very hard to sue this lawyer for negligence.And here we have the pallbearers of the Spanish justice system where they are blatant in breaking the laws where the client has paid money to ensure that they are within and protected by the Laws of that Country.
There can be no justice unless justice starts here.
While actions and petitions go some way to bring issues to the fore while solictors and the Judges abuse without risk of retribution then there is little hope for the future of Spain in the worlds eyes.Just Frank 8)
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Posted
The cynic in me says, and from a similar experience, that it would be very hard to sue this lawyer for negligence.And here we have the pallbearers of the Spanish justice system where they are blatant in breaking the laws where the client has paid money to ensure that they are within and protected by the Laws of that Country.
There can be no justice unless justice starts here.
While actions and petitions go some way to bring issues to the fore while solictors and the Judges abuse without risk of retribution then there is little hope for the future of Spain in the worlds eyes.Just Frank 8)
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I would like to thank those who have responded to this topic.
From the lack of reports offered, by forum members, of any successful cases of this type, I am not at all confident about proceeding with such legal action against my negligent lawyer.
Thank you all again. I have learned so much from this forum over the last few years.
David
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I would like to thank those who have responded to this topic.
From the lack of reports offered, by forum members, of any successful cases of this type, I am not at all confident about proceeding with such legal action against my negligent lawyer.
Thank you all again. I have learned so much from this forum over the last few years.
David
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