ILLEGAL HOMES

 HOPEING SOME BODY OUT THERE CAN HELP.REALLY NEED A SPANISH  LAW STUDENT.OR SIMULAR.WHO KNOW THE SPANISH PROPERTY LAWS.,

QUESTION FROM THE EUROPEAN PARLIMENT.

CAN A SPANISH LAWYERS BE ALLOWED TO SALE ILLEGAL HOMES.

IF A SPANISH LAWYER FINDS IN HIS SEARCHES THAT A PARTICLAR HOUSE A CLIENT WANTS TO KNOW ABOUT AND PAYS THE LAWYER A FEE,IS BIULD ILLEGALLY.HAS HE GOT TO TELL HIS CLIENT.IF THE LAND REGISTRY /LOCAL COUNCIL INFORMS HIM THE HOUSE WAS BIULT ILLEGALLY.SHOULD OR BY LAW STOP THE SALE OF THE HOUSE.IT SEEMS SOME SPANISH LAWYERS SAY THEY CAN DO AS THEY LIKE BUT THE EUROPEAN COUNCIL SAID NO YOU MUST STICK TO LAW,PLEASE EMAIL IF ANY BODY OUT THERE KNOW THE ANSWER ,AS THIS IS VERY INPORTANT,

 ANOTHER SPANISH LAWYER SAID SPANISH LAWS HAVE NEVER BEEN UPDATED..ALOWING SPANISH LAWYERS TO DO AS THEY LIKE

IS THIS TRUE.

I REALLY CANNOT BELIEVE WHAT THEY ARE TELLING ME.

Any Lawyer should act in their clients best interest at all times.

A Lawyer should not have a conflict of interest.

If a Lawyer is aware that the property is illegal, fails to inform the client and then allows the client to complete the purchase of the property, then in my opinion, the Lawyer is guilty of gross negligence.

If the client can prove by way of documentary evidence that the Lawyer was fully aware of the illegal status of the property then the client should consider making a claim for damages from the Lawyers legal indemnity insurance.

A Lawyer has a duty of care, must be transparent and act with professional due diligence at all times.

Kind regards

Keith

"Any Lawyer should act in their clients best interest at all times.

A Lawyer should not have a conflict of interest.

A Lawyer has a duty of care, must be transparent and act with professional due diligence at all times."

Keith - where does it say that?  If you're talking about UK, then I've no argument with you.  And we all come to Spain and take it for granted that the same will apply for Spanish abogados.  But it doesn't.  The culture is different.  Rather than defending their client's interest and attacking the client's opponent, the abogado will see himself as a mediator trying to see things from both sides and trying to reach an amicable solution.  Not always, but very often. 

Totally agree with Jek.

A Spanish lawyer does not have what we in the UK would call an extended duty of care.

Furthermore the Spanish law societies are spineless.

Remember this.

Many of us bought through the lawyer recommended by the developer. Who as we know are in cohoots.

Not all lawyers are like this. I purchased on Valle del Este off plan and it went like a dream. I used an independent lawyer who was totally professional, thorough and reasonable. She even got heavily involved in sorting our snaggong list out.

( being ripped off in the costa del sol was different we never even got to that stage, handed over the deposit to Gotardo at Palmera - and that was the end of that! )

 Keith is right,  a lawyer should act in the best interest of their client, as long as you can prove that they have not than you have a case against them.

Joan

 what i really need is what the law is in spain.for the european parliment..

you see they are getting two or three. types of law comming in.,

what we need id a student or simular or a abogado or notary to write in .what are they trained to do,

the european mps say that nothing is allowed to be sold by spanish lawyers which is found to be illegal in any way.

this is what the european court tells us.

so what does the spanish legal property books say.

and if a spanish lawyer takes your money in a fee.and then sales you aillegal oproperty is this fraud.

because this is what the spanisg judge said it was in marbella..

so please is there any body there who really knows about the spanish property laws,

because as the european parliment said if new students in spanish university's are being trained as property lawyers they will be told .if you can sale a illegal home or not also what protection you have to give to your clients who pay you a fee,

any body comming to sp[ain should be told what the law is on property buying.,and if the signing /ans stamping of the property deeds do not make the property legal.why do we need abogado's and notary,and why do the sign and stamp our property deeds,

because ifv the abogado andnotary do not know the spanish laws ,were are we.

please ,please if you are a abogado.or notary or astudent learning spanish property laws can you put us right,

is