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El blog de Maria

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

Legal tip 1190. Why against Banks and not against Lawyers first?
07 August 2014 @ 08:31

Today´s question and answer in yesterday´s blogpost
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 different actors has been progressively stated legally as the post describes. You are asking me on a different matther though and I answer below.

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
If you sue lawyers before banks, they can certainly oppose this legal obligation of Banks declared in Law 57/68 and nor, repeatedly interpreted and confirmed by nationwide judiciary.
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 procedure.

If this is not possible, then, a professional indemnity action against lawyers and/or agents--depending on facts-- is the route.
Hope it clarifies. Any question?
Arenales del Sol, Elche, Eastern Spain, at

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