All EOS blogs All Spain blogs  Start your own blog Start your own blog 

El blog de Maria

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

Legal tip 1189. Completed on a house without First Ocupation License?
05 August 2014 @ 11:14

Completed on a house with no First Occupation License?

I bet for a professional liability joint action to be brought against all related actors involved: lawyer, notary, property valuator, bank, estate agent and their corresponding professional insurances... as we do in Spain when there are building deffects on a built property

http://www.eyeonspain.com/blogs/costaluz/11873/Legal-tip-1075-Registrars-Notaries-and-Planning-regulations.aspx

http://www.eyeonspain.com/blogs/costaluz/3962/legal-tip-325-first-occupation-license-(-edited-version).aspx

http://www.eyeonspain.com/spain-magazine/licence-first-occupation.aspx

http://www.eyeonspain.com/blogs/costaluz/11730/Legal-tip-1064-More-on-Illegal-mortgages.aspx

Ciudadela, Menorca, Balearic Islands, Eastern Spain, at facebook.com



Like 0




3 Comments


sandra said:
06 August 2014 @ 23:09

""I bet for a professional liability joint action to be brought against all related actors involved: lawyer, notary, property valuator, bank, estate agent and their corresponding professional insurances""

Six years ago my husband asked our new lawyer to sue the lawyer who got us into the position of not having a bank guarantee on our off-plan purchase.
If it is so easy to sue these people as you seem to describe in the above statement, why are we involved in a costly series of expensive court cases to prove his negligence? The fact that he did not ensure we had the legally required bank guarantee is proof enough he was negligent?


mariadecastro said:
07 August 2014 @ 07:27

Good morning Sandra.
Post above is about lawyers liabilities due to lack of license. Professional liabilities of differnt actors has been progressively stated legally as the post describes.

In regards of actions against Lawyers for lacking of law 57/68 guarantee. The fact that law 57/68 makes banks liable of this lack makes the need of a case against developers/banks to be performed first. IN early times, before developers were not bankrupted, a case just against them was enough. Now, and with the strength of increasing case law on Bank Liabilities when there is no guarantee issued, refund action ( involving a contract cancellation) against both entities: developer and Bank is the safest and rightest procedures.

If this is not possible, then, a professional indemnity action against lawyers and/or agents--depending on facts-- is the route.


sandra said:
07 August 2014 @ 13:08

Thank you for clearing that up Maria.


Only registered users can comment on this blog post. Please Sign In or Register now.




 

This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x