Reply To: Spanish Lawyers


Dear Drakan

Here is a question for you.

I telephoned the Policia Commissaria yesterday in Marbella.
I told them briefly my story of paying a developer 130,000 euros over 2 years ago for an off-plan apartment.
Also that the contract expires 31st Oct. 2005.
Not a brick has been built, nor ever will be (on the developer’s own admission).
We have asked for our money back (with legal 6% interest).
The developers refuse, saying we have to wait a year for the Bank Guarantee enforcement date (which I now know via your help is not the case).

I asked is this a police matter.
The response was ‘Yes, it is a clear criminal offence (‘delito’).
You can make a ‘denuncia’ at the police station’.

Would you recommend this as a route to go down to bring pressure on the developer or would this open a ‘can of worms’ in the form of starting a lenghty police/court intervention where perhaps the court would freeze all assets until the case is trialed.

And if they decide to freeze all assets of the developer, would this affect our Bank Guarantees if the police intervention dragged on for more than a year when the BG would become enforcable?

I’m just interested in your opinion on this.
Many thanks