June 11, 2007 at 8:28 am #52937
Hi everyone, this is my first time using this forum, but I spent last evening reading through some of your experiences, it certainly made us feel less isolated.
2 years ago we bought a property in southern Spain, the house was lovely!
Having Spanish family we were very carefull and chose our lawyers through reputation and recommends, they were English speaking Spanish Lawyers.We gave power of attorney for all the searches to be done etc and our lawyers told us everything had come back fine ,no problems, the house was a new build.
As the lawyer had power of Attorney they said they would deal with everything as it would be easier at the Notaries, we still went to the Notaries, we were not in the room when money exchanged hands, we were asked not to be by our Lawyer as it would be quicker but were in the room for the signing, we signed along side our Lawyer and he verbally went through the contract and copier Simple in English for us.
The day after the signing we were told by the town council that the property was illegal and no domocile certificate would be granted.
To cut along story short, that was only the beginning of our problems.
We were served a court notice for the Auction of our house as there was an outstanding debt on the property prior to our puchase, this we had to pay to stop the Auction we had 3 weeks notice. The Lawyers had failed to register the property and so we discovered a second embargo had also been lodged on the property, this we also had initially to pay.
No Lawyer would take our case in the provence against our first Lawyer one Lawyer was honest enough to say they were too powerful and it would be proffesional suicide.
We now have an excellent Lawyer out of Provence,who has reccommended we sue for criminal negligence which we are doing, our new lawyer has also discovered yet another debt and the fact that our first lawyer entered in a conflict of interest. Our first Lawyer has refused to supply a statement of account to both us or our new lawyers.in fact they have lied consistently to both us and our new lawyers.
We have even had threatening phone calls.
We no longer live in Spain!
We will fight this but sometimes it seems we are fighting the local court system aswell, the judge has still to sign after 18 months a form releasing the house from the embargos, the college of lawyers have still not responded after 5 weeks to our notice of intent to sue, and the local council have conveniently lost the paper stating when the house was built!
If anyone knows of any laws either European or spanish that can help us we would be very gratefull.
In the mean time we are left with a house we can not live in and can not sell, our savings are exhausted, our MEP has stated as it is a matter for Spanish Law he can not help!
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