signing of escrutura

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24 Apr 2007 12:00 AM by formentera costa Star rating. 368 posts Send private message

please help, what are the legal implications if a solicitor is given power of attorney to sign for you , we have refused as we want to sign ourselves, but have been fobbed off by our solicitor and say we have now to wait until the builder will agree to go to the notary, can they do this, we are now stuck in spain after cancelling 2 flights already waiting for them to set us up an appointment with the notary, they tricked us into paying all of our legal fees on the day we were supposed to sign with the notary, then we were told oh you are now doing powere of attorney which we refused, what are our legal rights, can they make us wait indefinetely as we have to get back to england shortly

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24 Apr 2007 3:33 PM by georgia Star rating in Algorfa (As seen on .... 1835 posts Send private message

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Hiya,

Who are you dealing with?????!!!!

There is either something really fishy about this or it could be that the notary date was not arranged.

Poa is commonly used and usually is very straight forward but something seems to be not quite right here.?!

REGARDS

Georgia


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24 Apr 2007 4:22 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

26 Apr 2007 9:48 AM by FibbyUK Star rating in UK, Surrey & Playa F.... 2349 posts Send private message

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Personally, I would contact the builder yourself, work out a date that suits you both, contact the notary and book the date.

If you have already paid your legal fees, where you charged for power of attorney?

If so, you are due a refund....................


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08 Jul 2007 6:57 PM by fionn Star rating. 20 posts Send private message

Something very fishy here. Who recommended the lawyer to you? How much have you paid  "up front" for your property? If they don't arrange an appointment at the notary shortly I would make pulling out and money back noises.



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09 Jul 2007 6:57 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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You can revoke the POA before any Notary in Spain. There cannot be any impediment by a lawyer to oppose you signing on your behalf, neither by the developer. Now, revoking powers is very effective as since January 2007 the Notary needs to check on the validity of the POA just a minute before signing.  There would be serious legal implications for both developers and Notary if that signing go ahead without you being there personally.



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