to Spain and Jiminspain –
Forgive me if I am missing something here, but this forum is ‘reasonably’ specific. The title of the forum gives a clue: Spanish Property Insight
Re. this ‘General Forum’, on the index page it says:
Ask the forum any questions you have about buying, owning and selling property in Spain.
So surely the fact that people mainly post questions re. buying, owning and selling property (with admittedly sometimes the odd horror story thrown in) – it is because that is what this forum is about.
Asking the forum questions about property!
Get it? SPANISH PROPERTY INSIGHT FORUM
No-one is trying ‘to scare’ anyone – 🙄 – they are simply trying to find answers to their questions.
If their questions are ‘scary’ it is because there is a lot of scary stuff going on in the property business in Spain at present.
And why is this forum even necessary? The root of a lot of the problems I read on this forum, and the pm’s I receive, is because people trusted their lawyers to safeguard them during the purchasing process. To protect them against illegal builds and illegal contracts, they trusted them to acquire the necessary legal paperwork like Bank Guarantees, to advise them correctly re. legal matters and give support when things go wrong.
Read through most of these threads, and nearly all the problems track back to a certain group of lawyers not acting in their client’s interest in the first place.
A good lawyer does not allow his/her client to be exposed to illegal clauses in contracts biased towards the developer, lack of protection re. monies paid by not obtaining Bank Guarantees, ill-advising to complete without a LFO despite all the problems that could ensue, and the best one?…when things go wrong – suddenly telephone calls and e-mails go unanswered. The list is endless, but the problems just mention above get repeated time and time again. Oh, and giving phoney (‘false’) legal advice.
For me, for every corrupt developer involved in the latest CDS scandal, there is a corrupt lawyer involved somewhere along the line that allowed their client to be involved in the first place.
I will go so far as to say there is blatant conspiracies between some lawyers and developers.
Our case is an example – our original lawyer, after 2 years of our pushing, finally obtained a Bank Guarantee for us.
Great, you may think – but no. Our building licence, unbeknown to us, had been suspended more than a year previously. We only found out ten more months down the line.
Our lawyer’s response when questioned? – “oh we knew nothing”.
What did we later find out? They had another client in the same development, and because he did find out about the revoked building licence, they were negotiating ‘a deal’ for him with the developer. This at the same time they were obtaining a BG for us, knowing the development was never going to be built!
This is a top international law firm with offices that would do the Hotel Intercontinental proud!!
I’ve lost count of the number of people who pm me each week, wanting advice re. changing their lawyer, or telling me ‘lawyer horror stories’.
Fourteen purchasers on our development alone had to change lawyers, and these were just the ones I happen to know.
If all lawyers were doing their jobs properly, there would be no need for forums like this. All questions would be answered by their lawyers, and all problems would be competently handled by their lawyers.
And the forum could be re-named ‘Spanish Insight’, where there could be lots of ‘good versus bad’ stories about life in Spain.
BUT THIS IS NOT HAPPENING – HENCE A FORUM LIKE THIS WITH A LOT OF UNHAPPY PEOPLE WITH A LOT OF DESPERATE QUESTIONS.
Bit like a Citizen’s Advice Bureau – people only go there to ask questions and get advice when there is a problem to solve……
Or is it me who is missing something…….?
P.S.Before anyone jumps down my throat, I am obviously not saying ALL lawyers are bad.
But there are many who are at the heart of the ‘situation’ that is existing in Spain at the moment, especially on the Costa del Sol.