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Drakan,
I thought I would start a new thread as “Spanish Lawyers” will soon become a best selling novel! 😆
Your response to my question was very clear. Thank you very much. It makes the the jigsaw pieces fit.
The developers wanted us to take another apartment. We said NO.
When our lawyer, whom we are very happy with, telephoned and spoke to the developers lawyer, they said they would not return our money, we had to wait for the BG.When our lawyer contacted us to relay this conversation ,she described their (developers) response as ridiculous. I now understand why they then advised us to sue the developer,as I can see that that is the only way we will get our money without using the BG.
I am waiting to see how Barbara & Katerina get on next week when they have a meeting with the “said” lawyer of the developer.
Thank you again Drakan. You are a star for taking the time to explain things so well to us lesser mortals ! 😉
Claire
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Hi Drakan
It’s us again (!) – one last one before we leave on Monday.
We have, as I said, a meeting with a new lawyer who is highly recommended, but before we meet him, would just like to run something by you.Our previous lawyer 👿 who we feel has done us a great injustice all the way through our buying procedure (and who we believe are firmly “in bed” with the developer), sent us their opinion on which way to proceed.
Because we are bordering on lodging an official complaint against them with the colegio de abogado while we are out there, am interested to know of your opinion of one of their proposals:Quote:
To enforce the bank guarantee
This option is to ask the termination of the contract because of being breached by the seller, proceeding automatically to enforce the bank guarantee and ask the devolution of the amount paid by (us).First of all, and given that, on 31 of October of 2005, the articles of the private purchase’s contract have not been performed by the seller, it might be done a duly attested summons to the seller in order to consider the contract terminated because of the breaching.
If the developer does not give back the money paid, we could demand the enforcement of the existing bank guarantee, and the immediate devolution of the amount given on account for payment of the house’s price, plus the annual legal interest rate of 6%, under all the stipulated in the article 3, paragraph 1, of the Law 57/68 of 27th of July governiing the perception in advance of amount in constructing and selling of houses.
If the developer objects to our termination, we will have to go to a Court case to get the money back.
unquote
Would love to hear your opinion of this proposal/option.
Surely the developer cannot ‘object’ to our terminating the contract, surely he has no say in the matter if we simply start the procedure for Requerimiento Notarial?Are they, as we say in English, just “pulling our bell”?? There is another expression but we are too polite to post that on this forum.
Barbara [/u]
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Hi Drakan
It’s us again (!) – one last one before we leave on Monday.
We have, as I said, a meeting with a new lawyer who is highly recommended, but before we meet him, would just like to run something by you.Our previous lawyer 👿 who we feel has done us a great injustice all the way through our buying procedure (and who we believe are firmly “in bed” with the developer), sent us their opinion on which way to proceed.
Because we are bordering on lodging an official complaint against them with the colegio de abogado while we are out there, am interested to know of your opinion of one of their proposals:Quote:
To enforce the bank guarantee
This option is to ask the termination of the contract because of being breached by the seller, proceeding automatically to enforce the bank guarantee and ask the devolution of the amount paid by (us).First of all, and given that, on 31 of October of 2005, the articles of the private purchase’s contract have not been performed by the seller, it might be done a duly attested summons to the seller in order to consider the contract terminated because of the breaching.
If the developer does not give back the money paid, we could demand the enforcement of the existing bank guarantee, and the immediate devolution of the amount given on account for payment of the house’s price, plus the annual legal interest rate of 6%, under all the stipulated in the article 3, paragraph 1, of the Law 57/68 of 27th of July governiing the perception in advance of amount in constructing and selling of houses.
If the developer objects to our termination, we will have to go to a Court case to get the money back.
unquote
Would love to hear your opinion of this proposal/option.
Surely the developer cannot ‘object’ to our terminating the contract, surely he has no say in the matter if we simply start the procedure for Requerimiento Notarial?Are they, as we say in English, just “pulling our bell”?? There is another expression but we are too polite to post that on this forum.
Barbara [/u]
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Hi Barbara,
Our lawyer is taking our contract to a notary who will declare our contract “NULL AND VOID”, under the terms of the contract and Marbella Vista Golfs failure to “deliver” by the 31st October 2005, the date our contracts expire. The developers cannot argue with a Notary’s decision. A Notary is all powerful.
Claire.
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Hi Barbara,
Our lawyer is taking our contract to a notary who will declare our contract “NULL AND VOID”, under the terms of the contract and Marbella Vista Golfs failure to “deliver” by the 31st October 2005, the date our contracts expire. The developers cannot argue with a Notary’s decision. A Notary is all powerful.
Claire.
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Hi Claire
How are you doing? 🙂 (I sound like Joey in ‘Friends’ !
EXACTLY. That is what we understand to be the case. Just wondered if this lawyer knew something that we didn’t – joke. In fact he actually said in his accompanying e-mail with his so-called Report that quote
“We should not send the requerimiento notarial before having a meeting with the developer. We should wait to hear their position….”
What?…..is he unwilling to upset them?????
Anyway, we are going ahead with the RN (and the meeting) without him – as Drakan recommended, we should dump them and get ourselves a new lawyer, and that is exactly what we are doing. Hopefully he is good, knows his oats and has ‘teeth’.Will obviously get in touch when we are back, will give you a call – wish us luck!!
Drakan – are you in Marbella? – if you see two girls charging up and down the streets between OMIC and the colegio de abogados (and periodically diving into the ‘Cafeteria Marbella’ in the street ‘Ramon y Cajal’ for a strong cafe con leche) – it might be us……:wink: 😉 😉 !!
B & K -
Hi Claire
How are you doing? 🙂 (I sound like Joey in ‘Friends’ !
EXACTLY. That is what we understand to be the case. Just wondered if this lawyer knew something that we didn’t – joke. In fact he actually said in his accompanying e-mail with his so-called Report that quote
“We should not send the requerimiento notarial before having a meeting with the developer. We should wait to hear their position….”
What?…..is he unwilling to upset them?????
Anyway, we are going ahead with the RN (and the meeting) without him – as Drakan recommended, we should dump them and get ourselves a new lawyer, and that is exactly what we are doing. Hopefully he is good, knows his oats and has ‘teeth’.Will obviously get in touch when we are back, will give you a call – wish us luck!!
Drakan – are you in Marbella? – if you see two girls charging up and down the streets between OMIC and the colegio de abogados (and periodically diving into the ‘Cafeteria Marbella’ in the street ‘Ramon y Cajal’ for a strong cafe con leche) – it might be us……:wink: 😉 😉 !!
B & K -
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I’m happy to see you are both on the right track girls with an unbiassed legal advice from your new recommended lawyers. 😉
Remember a requerimiento notarial is only an official communication, that’s all. The Notary isn’t ordering them anything, he only gives unrebuttabla prove of said communication having being performed for a future court case for example.
Your lawyer must send a RN notifying the Developer that the contract is deemed null and void due to the seller’s breach of contract (failure to obtain the Building Licence).
After this is done expect a timeline of approx six months with your lawyer chasing them up after your funds plus 6% delay interest as of art 3 Law 57/68.
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I’m happy to see you are both on the right track girls with an unbiassed legal advice from your new recommended lawyers. 😉
Remember a requerimiento notarial is only an official communication, that’s all. The Notary isn’t ordering them anything, he only gives unrebuttabla prove of said communication having being performed for a future court case for example.
Your lawyer must send a RN notifying the Developer that the contract is deemed null and void due to the seller’s breach of contract (failure to obtain the Building Licence).
After this is done expect a timeline of approx six months with your lawyer chasing them up after your funds plus 6% delay interest as of art 3 Law 57/68.
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Barbara, Katerina, Katy and Claire, you could be the new Charlie’s Angels, you are all doing the right thing, you have to be like a ‘dog with a bone’, we did it and got out relatively unscathed, use any means possible even more bad publicity and definitely new ‘honest’ lawyers who work for you, not the agent and developer.
Drakan has been excellent with his advice to so many people, a big thanks to him!
Paul
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Barbara, Katerina, Katy and Claire, you could be the new Charlie’s Angels, you are all doing the right thing, you have to be like a ‘dog with a bone’, we did it and got out relatively unscathed, use any means possible even more bad publicity and definitely new ‘honest’ lawyers who work for you, not the agent and developer.
Drakan has been excellent with his advice to so many people, a big thanks to him!
Paul
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Hi – tks for asking.
Guess what, I spent all Friday afternoon typing out our whole week of meetings in Marbella for the forum – before submitting it, thought I’d go and make a cup of tea before reading it through and sending it, and…..
when I got back to the computer, everything had disappeared into cyber space, lost forever!!!
Heaven knows where it all went… (heaven?)
Will definitely re-write it tomorrow – claire, if you’re reading this, have just e-mailed you,
Drakan – glad to see you back (looked out for you in the Cafeteria Marbella!) 😉
Barbara
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