[Anonymous]

Hi all.

I need a good independent Spanish Lawyer in the Mijas/Malaga/Marbella area to handle the sale of my property.

I know there is a list of lawyers on this website and that Mark called for a reputation check on one of them only recently. Unfortunately the results of this were not published but any recommendations/advice from personal experience would be much appreciated.

Cheers.

Jonathan

[Anonymous]

Hi Jonathan
Sent a P/M

Frank 8)

[Anonymous]

Have sent you a pm. Glad you are looking out for a good independent lawyer – an essential “business partner” in the current climate in Spain.

[Anonymous]

Jonners:
I dont see the need of a lawyer, when you are selling. Surely its the buyer who has to worry about parting with his/her money before getting good title.

If you are using an Agent he/she should have a draft sale agreement, this can be officially translated in english. As a general rule most of the Taxes, notary etc will be paid by the buyer and assuming there is no cash involved you should get the Bankers draft for the agreed sale price.

You will have to pay the 3% retention tax i.e. on account of capital Gains Tax. This can be calculated by you and paid in cash to the notary. Do not forget to obtain a receipt for the tax paid.

Paying a Spanish Solicitor and giving him power of attorney etc will be a waste of money when you are selling.

Good luck

[Anonymous]

I’m all for saving money shakeel and your idea interests me.

But surely I need a good lawyer on my side to be absolutely certain that I’m not being ripped off in the buyers contract. I don’t speak Spanish and I live in the UK so I’m inclined to think that the 1% that a lawyer would charge is almost worth it for the peace of mind.

Also, you mention the subject of taking payment by bankers draft but I wouldn’t know a genuine Spanish draft from a fake one. It seems to me that if a lawyer handles the payment and transfers it to my bank account then the money is ‘clean’, honestly accounted for and safe.

[Anonymous]

Jonners;
As we all no money is a scarce commodity. None of us wishes to waste it and would like to get value for money.

Whilst, I agree that one uses lawyers for their professional knowledge and the working practises. Sadly this forum is full incidences of breach of trust, unprofessional service, conflict of interest etc.

“I need a good lawyer on my side to be absolutely certain that I’m not being ripped off in the buyers contract “

As, I said you obtain a officially translated contract. Both parties can insert what ever term/clauses in the contract as agreed. Its entirely upto you to cover your position and no lawyer even in UK will totally do this.

All Taxes except the capital gain tax, are paid by the buyer until ofcourse you agree to pay these.

You can go to the Bank with the buyer and be present at the time that he places an order for the cheque. Even if you are given a stolen/forged cheque. Once you advise the notary the transaction will not be processed.

The lawyers sit on peoples money for months and than, misc chargers get deducted, while you chase them at all times of the day. In the mean time you are exposed to fx fluctuations. so where is the peace of mind. Atleast you sue the buyer but with the lawyers you will not get very far, due to impotence of their supervisory.

“charge is almost worth it for the peace of mind” if only. !!!!

I have been involved in various sales in Spain and have never used a lawyer. A final word of caution. Dont let your bank rip you off with Bank charges which could come to hundreds of €.

I sugguest you open an account with HIFX and let them deal with the conversion (I do not work for them or on commission) that is if you wish to bring the proceeds to UK

Finally, you need to weigh the cost benefit of paying 1% against other factors , plus the VAT on the 1%.

[Anonymous]

Jonners.

Would you sell your sell a property in the U.K by the D.I.Y method.?
Would you buy or sell a property in any country without a lawyer ?
Shakeel is well clued up,no doupt about that but asking and receiveing info of well trusted lawyers is by far the safest route to go down.
Just have a no cost metting with either of those recommended to you.
No offence Shakeel but dont we always promote the use of recommended lawyers on the forums ?Surely this is the essence of everything we are trying to do so people will avoid being ripped off by the corruption and the legal system in Spain.
If we start promoting D.I.Y to everyone then surely this is a very dangerous route to start going down.
Just my opinion . 😉

Frank 8)

[rt21]

I feel a lot of people would share your opinion Frank

Richard

[Anonymous]

Just on this topic I see most of you have some experience on buying + selling in spain. I am currently using Manuel Hortelano solicitors.

Can anyone tell me, if a promissory note is dealyed who is responsible for
issuing a new one.

Is it the developers who has to speak to the bank about returning the old promissory note or am I responsible for this.
My lawyer says aifos have to attend to that side ?

I have major problmes with Aifos + they will not refund my money.

[Anonymous]

@gary waters wrote:

I have major problmes with Aifos + they will not refund my money.

Unfortunately Gary, there are are many members of this club. 🙁

[Anonymous]

Would it be worthwile getting together as a group to take them to court ?

[Anonymous]

in answer to Jonners request for a good lawyer.
We had a very good Lawyer in Fuengirola who I can say from experience
is very honest, and a very good lawyer. without this man I would never have won my case to have our monies returned to us from a developer.
If you want his details you can p.m me and I would be happy to give them to you.!

bettyboo

[Anonymous]

[

quote]Would it be worthwile getting together as a group to take them to court ?

Quote:

Gary – they are already in court and many of the “top dogs” are in jail facing serious corruption charges.

If you look back over some of the threads on this site – you will find many links that will highlight the extent of their alleged underhand dealings.

[Anonymous]

in answer to Gary’s mail saying he was having problems with Aifos, Join the club..that is why we had to get a good solicitor and had to take them to court to get our money refunded…
see my previous comment.

bettyboo

[Anonymous]

@bettyboo wrote:

in answer to Gary’s mail saying he was having problems with Aifos, Join the club..that is why we had to get a good solicitor and had to take them to court to get our money refunded…
see my previous comment.

bettyboo

Many many people have been caught off guard with this company. Those that do not have BGs their only option is to litigate to obtain back their stage payments and resolve the contract unless AIFOS offers them payment and actually pays them.

Find yourselves a good litigtion law firm that are independent. When it comes to litigating against developers, specially AIFOS, I always recommend the same law firm which is Lawbird.

There are dozens and dozens of good litigation law firms and lawyers on the CDS just make sure they are independent and have no ties to the developers you are suing.

Regarding suing as a group Gary Waters that depends normally on the judge accepting it because they don’t always do (“acumulación procesal”). If he does it is very interesting for the plaintiffs because you can obtain economies of scale and reduce costs and fees as a group.

[Author]

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