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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 852. Lawyer negligent for lack of Bank Guarantees
Thursday, November 15, 2012 @ 12:32 PM

 
Alicante Appeal Court , sec. 9 ª, S 28-2-2012, No. 109/2012, rec. 415/2011

Presenter Judge: Montalbán Avilés, Andrés

Abstract

Alicante Provintial Court  believes the lawyer was negligent , given the failure of its obligation to not require the seller granting of guarantees in regards of the advanced payment acording to Law 57/68.

The injury that buyers have suffered is the deprivation of the possibility of executing the guarantees to recover the amounts paid. , 

Accordingly, the defendant ( LAW FIRM)  is sentenced to refund the buyers, ( claimants in this action) all amounts paid by this.
 
 
 
Cádiz 32
"Cadiz 32", Southern Spain, by ferlomu, at flickr.com


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7 Comments


Barbara B4 said:
Saturday, November 17, 2012 @ 9:26 AM

Hi, We believe that our lawyer was also very negligent, and as a result we did not receive a Bank Guarantee, so could you please give us the details of the law firm who had the courage of their convictions to take on this case and prosecute another lawyer.


Anne said:
Friday, January 4, 2013 @ 5:27 PM

Yes this information would be very useful Barbara. There must be thousands who have been compromised in this way.
The problem arises however, as with all too many instances in the Spanish legal system, of how consistently this ruling is enforced by the judiciary in Spain, so I wonder if the only way that consistency can be guaranteed is for the Supreme Court to clarify this legal matter.
What do you think Maria?


Pat and Bill roberts said:
Friday, January 4, 2013 @ 5:48 PM

IF THIS CASE SETS A PRECIDENT SURELY ALL THOSE WHO HAVE ENCOUNTERED THE SAME RESTRICTIVE PROBLEM RE, LACK OF BANK GUARANTEES NOW HAVE THE RIGHT TO SUE THE LAWYERS WHO ACTED FOR THEM.

PAT AND BILL ROBERTS (COSTALUZ LAWYERS CLIENTS)


Maria said:
Friday, January 4, 2013 @ 6:08 PM

This is a precedent but no Case Law but the opinion of Alicante Appeal Court.
A different Appeal Court could difer.
Of course is a very valuable resource for negligency lawsuits in these cases.
Please clarify we are representing you in the post conveyancing and were not the lawyers who never obtained Bank Guarantees for you! :)


Colleen Cotton said:
Sunday, January 6, 2013 @ 7:04 AM

I lost one of my stage payments due to lack of a bank guarantee and I do feel it was due to negilence on the part of my lawyers, I had to keep pushing for the guarentee I did eventually received for my first payment but I did not receive one for my second payment, Knowing the problems we had getting a BG for my first payment the lawyer should have retained this payment until sight of BG.


Pat and Bill roberts said:
Monday, January 7, 2013 @ 11:04 PM

CLARIFICATION BY PAT AND BILL ROBERTS

RE OUR 4TH JAN POST.
COSTALUZ LAWYERS ARE TRYING TO RECOVER OUR
LOSSES, THEY ARE NOT THE LAWYER WHO SHOULD HAVE PROTECTED OUR DEPOSITS WITH BANK GUARANTEES.
APOLOGIES TO MARIA AND HER TEAM.

PAT AND BILL ROBERTS



Maria said:
Tuesday, January 8, 2013 @ 8:48 AM

No worries and thanks for clarification Pat and Bill
Kindest,
María


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