[Anonymous]

After having found this site and read the problems others have had, I wanted to put down my experiences and see who might be able to help.

We put a holding deposit on a property at Montevideo Hills on the Costa Del Sol 3 years ago and followed this up with a visit to the site and once home and having secured of a law firm in Puerto Banus, we paid the 30% exchange deposit and sat back and waited for our property to be built.

Somersen, the developer, had a web cam on the site and it was after a few months I noticed that there was something not right with our property. I rang both the lawyer, the agent and the developer and it took a good few months for them to eventually tell me that they had to change the property around as they didn’t own some of the land the property was to be built on and so had to change it!

I was never consulted on this and was most upset. Basically they had made it smaller by 5 sq m. turned it around so it had views of a traffic roundabout , halfed the size of the garden and took the balcony off the main bedroom and put it on the second bedroom.

After a lot of calls , emails and faxes we visited the site with the developer who offered a price reduction or a different house. None of these solutions were acceptable so we asked for a refund of all monies paid.

For six months I rang the developer virtually every day until they evventually did agree to a refund. A contract was drawn up, my lawyer said it was in his hands and just needed signing when Somersen sold the whole development to Majestic. This was in August 2005.

Since then I have been waiting for someone at Majestic to sort this out. My lawyer is advising suing them for late delivery and changing the house to something I didn’t buy.

I then found out that my lawyer never sorted the bank guarantee out!!!!
When I queried this he said that the lawyer who originally dealt with the case had left and it was her fault not theirs as she wasn’t directly employed by them. I am pretty certain this isn’t true.

I now have no faith in my lawyer and am thinking of suing him never mind the developer!

Has any body got any wise words to help me here ? I am talking to another lawyer about this and am receiving help from my Agent over there.

If I sue am I likely to win?
Is the lawyer liable?
How long will all this take?

[Anonymous]

digger wrote:

I then found out that my lawyer never sorted the bank guarantee out!!!!
When I queried this he said that the lawyer who originally dealt with the case had left and it was her fault not theirs as she wasn’t directly employed by them. I am pretty certain this isn’t true.

I now have no faith in my lawyer and am thinking of suing him never mind the developer!
quote]

1. Did you ever have a meeting with your original lawyer in the company offices in Spain?

2. Did this lawyer give you a company business card with her name on it?

3. Did this original lawyer correspond with you using company-headed notepaper?

I am not a lawyer, but I would have thought if you can answer yes to any of the above, this firm doesn’t have a leg to stand on.

I hope your new lawyer is good, trustworthy and recommended.
In general, lawyers don’t like suing other lawyers (‘brotherhood’ and all that…). Make sure this new one is right – having been stitiched up by the developers, and also your lawyer firm, you deserve some justice.

Failing to obtain a Bank Guarantee for a client surely is a serious case of misconduct.

Drakan, Jose Maria, Cesar – this chap needs HELP!

[Anonymous]

I did all of those things, met the lawyer in the offices etc. I even have a brochure with her picture on it as well as the rest of the company. This is a big law firm!

[Anonymous]

Digger, I have sent you a private message.

[Anonymous]

Digger – at the very least, this law firm deserves being reported to the Collegio de Abogados.
(It is like the lawyers’ Ombudsman – no lawyer wants that).

Often the very threat of that suddenly brings about results!
They are ‘trying it on’ – just hope your new lawyer is good, and on your side.

[Anonymous]

My advise is to report your case to Malaga’s Bar Association because it is very serious. As I’ve posted many times, there’s a professional indemnity you can be awarded by the ICAM due to the law firm’s professional negligence.

I’ll post the website, it has email and phone number for contact:

http://www.icamalaga.es/

Do you mind writing only the acronym/initials of said law firm you dealt with, please ?

[Anonymous]

Digger, I know of two other people using the same firm. They are also not at all happy with the poor service and advice that they have been given. You should look for another firm of lawyers. It is a position many of us here have and still are finding ourselves in. 🙁

[Author]

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