August 29, 2006 at 8:58 pm #52173
Exchanged some information with people thus far … three years on and build is stalled in Almeria region, no official license, no bank guarantee …
After some forceful emails to solicitor (using some information gleaned on this site – thanks!) they are compromising to fund the barrister … however given their service to date while this might be the easy / lazy option probably not the best.
We have tried to find an independent solicitor, one is back with a quote but one clause I would like to check if it is normal – “legal fees of Euro 4,000 plus 16%, plus 10% of the recovery money” … given we have a deposit of nearly Euro 60k outstanding, this is a significant sum, and not sure if this can be claimed back from the builder as part of the legal fees??
Any comments appreciated.
Any recommendations on solicitor who has successfully done this for you in the past? (Do have a query open with Michael Davies as recommended on this site, but he also on hols until next week or so).
August 29, 2006 at 8:59 pm #65294
PS I should have included a few question marks in the topic of my last email … while I wish I had indeed been successful, that still looks quite a bit away at this time 🙁
August 29, 2006 at 9:33 pm #65295
The 4,000 euros + IVA is his retainer. I would imagine that is normal in Spain. Have been trying for some time to find a no win no fee lawyer but without any luck. The big potential problem is that if the developer winds up his business then there are no assets to pay out even if the judge finds in your favour.
If it is a larger developer then you should be ok as he will need to trade to keep his other projects going, if yours was a one of development and he already has problems then he may wind it up to avoid this and other actions against him. This is sometimes the problems with class actions faced with a large claim and knowing he cant crawl out, often his only option is to fold, on a one off claim he would sometimes settle and try and trade through it.
I must express dermo that is just my opinion, as somone else quotes no legal qualifications.
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