Reply To: Spanish Lawyers

#59160
Anonymous
Participant

OK Drakan, perhaps you can explain this to me then.

Developers of the Green Hills , Santa Maria Golf) We are in the process of trying to recover our deposit of 118,00+euros from the Grupo Eralia company. We paid this amount 2 years ago this October. The Apartment will never be built due to the revoking of the planning license by Marbella Town Hall.

The lawyers that we used, Direct Lawyers Marbella, failed to get us a Bank Guarantee, only they did not tell us this until March of this year! Only when we demanded to see the said document did one appear dated 17th March 2005. !!! Apparently, we cannot exercise this until October 2006. Anyway, that’s another ongoing story.

After our visit to Spain in June, we appointed a new lawyer ,who was highly recommended to us. She wrote to Direct Lawyers( we have given her power of attorney) asking for all our paperwork and return of the monies outstanding in our account, which we paid to them in advance. A sum of 7412.83 Euros. We agree there have been some disbursements . Please remember , at this point, that not so much as a shovel full of earth has or ever will be moved !! This is the amount of money that is available to be returned to us…..0 Euros!!!!!!!!!!!!!!!!!!!!!!!!

They told our new lawyer that they had paid out all the fees, taxes etc that would normally be paid out by completion!!!!!!!!

This is the breakdown:

Legal fees. Purchase………………6438.43 E ?????????????
Legal fees .Direct debits…………..348.00 E
Legal fees. 2 wills………………….556.80 E
Legal fees. Bank account……………69 E

Total fees…………………………..7412.83

Balance outstanding……………………0 Euros !!!!!!!!!!!!!!!
We also had 300 Euros in a bank account:

25/05/05… 144.68 E payment. Wills
24/06/05…20.82 E payment. Burofax.

In client account 134.50 E

We find this UNBELIEVABLE !! As do our Lawyers.

The total purchase price of the apartment we were supposed to have built was 395,926.75 euros. Also, how ethical is it for a lawyer to be “in bed” with the developer and/or the agents? How , in that case can they be 100% working for us, the clients, best interest. Also in our case, we have recently discovered that the licence was revoked in October 2003. Our contract was signed 31st October 2003. This would not have have been a snap decision, or is that another thing possible in the Spanish bureaucracy ❓ ❓ ❗ ❗