Power of Attoney

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06 Feb 2009 00:00 by rowleyhouse Star rating. 195 posts Send private message

Hi

After waiting patiently to purchase off plan for 3.5 years, a property which should have been completed 3 years ago we have advised our solicitor to withdraw.

He has asked for power of attoney to do this and sent a "general power of attoney" - we are uncomfortable with this due to the extent it enables him to exercise in our absence.  Is this an unusual request?

What steps does a lawyer need to take to get our money back?  We have had 2 guarantee's from the builders bank, the last one ran out June 08 and they have failed to provide a fresh one!

Advice appreciated.

 





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07 Feb 2009 03:35 by mariadecastro Star rating in Algeciras (Cadiz). 8098 posts Send private message

mariadecastro´s avatar

Dear Rowleyhouse:

Please have answers below in bold green ( same text of your email):

After waiting patiently to purchase off plan for 3.5 years, a property which should have been completed 3 years ago we have advised our solicitor to withdraw.

He has asked for power of attoney to do this and sent a "general power of attoney" - we are uncomfortable with this due to the extent it enables him to exercise in our absence.  Is this an unusual request? It is not unusual but it does not mean it is advisable.

What steps does a lawyer need to take to get our money back? We have had 2 guarantee's from the builders bank, the last one ran out June 08 and they have failed to provide a fresh one! No problem about expired Guarantees: http://www.costaluzlawyers.es/index.php?page=bank-guarantee&hl=en_GB

The process initialy consists on an initial attempt for amicable refunding and it failed, an excution of the Guarantee in Courts.

Advice appreciated.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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07 Feb 2009 10:44 by rowleyhouse Star rating. 195 posts Send private message

Thank you.

We have had 2 guarantees but the last one had a finish date of June 08 - is this a problem as the builders have refused a new one, which I believe this cannot legally do.

The money must I assume still be secured - appreciate comments.





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07 Feb 2009 14:04 by mariadecastro Star rating in Algeciras (Cadiz). 8098 posts Send private message

mariadecastro´s avatar

Dear Rowley:

Please have answers below in bold green ( same text of your email):

 

Thank you.

We have had 2 guarantees but the last one had a finish date of June 08 - is this a problem it is not. Do not pay attention to that and do not spend time on trying to achieve a renewal. Also, some Judges recently are considering that renovating Bank Guarantees impply a tacit extension of the private purchase contract. as the builders have refused a new one, which I believe this cannot legally do.

The money must I assume still be secured  It, is. If completion deadline of the contract has been met, you have not expressly and voluntarily grant an extension to developer,  and you want to cancel the contract.... go fast and execute it for your money back. if - appreciate comments.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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07 Feb 2009 19:41 by rowleyhouse Star rating. 195 posts Send private message

Thank  you.





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08 Feb 2009 14:31 by mariadecastro Star rating in Algeciras (Cadiz). 8098 posts Send private message

mariadecastro´s avatar

Con mucho gusto ( a pleasure).

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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10 Feb 2009 13:55 by jennifer48 Star rating. 7 posts Send private message

Sorry if I am in the wrong section but please could someone recommend  some good administrators.  We live in Catral, so any companys in the surrounding villages, eg. Almoradi, Rojales.

 

Thank you.





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