20 Oct 2011 15:02: To John Scobie.
It's a while since I posted on here. I looked in at this thread and read your post with empathy and interest.
We also got taken in by Ocean Estates and the then Hapsburg McGowan law firm (now Direct lawyers Marbella.) We also bought on a development in 2003 where the first phase was never built. Unlike you we had a BG that we succesfully actioned against Banco Popular (EVENTUALLY!!!) despite the developers/Bank appealing the first Court ruling that we should have our deposit returned( £96,000) We won the appeal and got our deposit + interest+ legal fees paid. We were very lucky and it took us just 9 months from engaging a new lawyer to actually getting the money into our bank account. I believe we were one of the first people to take action against what is now known about the corrupt practices of Spanish development.
SO....
We won against the developer...next were the s*** law firm. We found and have an amazing Lawyer who was prepared to take DLM on to get the money they took from us in legal fees €7,500+, for a property that had it's building licence revoked (planning was granted for 12 town houses NOT 196 apartments!), who signed a purchase contract on our behalf full of illegal clauses, and who did not get a BG, despite telling us verbally AND in writing that we had one. ( The BG was given AFTER we were told the building would not go ahead and AFTER the developer had to pay millions of Euros to the bank to obtain one for the first phase purchasers.This was15 months after we paid the deposit) ALL of these apartments had a mortgage on them too!! We actually saw our apartment's documents!
DLM were the absolute pits to deal with. They would not respond to a challenge by the Collegio de Abogados, or an Abitration Judge. Our Lawyer then went ahead and sued Snr Isidro Ron Crooke (by name & nature) and we won, He appealed this decision. The Judge accused his firm of malpractice, for not working with our best interest and especially as we were foreign purchasers.
They were ordered to pay 70% of our money back plus interest. To date they have not paid us all of the money they owe us. Our Lawyer had placed embargoes on DLM. These were lifted by the Court Procurator BEFORE all of the money owed to us had been paid.
Leaving the money aside, this was more importantly a moral victory against one of the many corrupt lawyers practicing in Spain. Sadly they still are!
FYI, Hapsburg McGowan did not "sell out" to DLM...they are one and the same. One partner left and went to Thailand and has since run into trouble! It's notthe first time they changed names...I wonder why they felt the need??!
My advice,FWIW....get a decent , honest Lawyer.
This message was last edited by Tish on 20/10/2011.
This message was last edited by Tish on 20/10/2011.
View thread...
--------------------------------------