ILLEGAL HOMES

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
07 Jul 2011 00:00 by bob.dunford6 Star rating. 49 posts Send private message

 HOPEING SOME BODY OUT THERE CAN HELP.REALLY NEED A SPANISH  LAW STUDENT.OR SIMULAR.WHO KNOW THE SPANISH PROPERTY LAWS.,

QUESTION FROM THE EUROPEAN PARLIMENT.

CAN A SPANISH LAWYERS BE ALLOWED TO SALE ILLEGAL HOMES.

IF A SPANISH LAWYER FINDS IN HIS SEARCHES THAT A PARTICLAR HOUSE A CLIENT WANTS TO KNOW ABOUT AND PAYS THE LAWYER A FEE,IS BIULD ILLEGALLY.HAS HE GOT TO TELL HIS CLIENT.IF THE LAND REGISTRY /LOCAL COUNCIL INFORMS HIM THE HOUSE WAS BIULT ILLEGALLY.SHOULD OR BY LAW STOP THE SALE OF THE HOUSE.IT SEEMS SOME SPANISH LAWYERS SAY THEY CAN DO AS THEY LIKE BUT THE EUROPEAN COUNCIL SAID NO YOU MUST STICK TO LAW,PLEASE EMAIL IF ANY BODY OUT THERE KNOW THE ANSWER ,AS THIS IS VERY INPORTANT,

 ANOTHER SPANISH LAWYER SAID SPANISH LAWS HAVE NEVER BEEN UPDATED..ALOWING SPANISH LAWYERS TO DO AS THEY LIKE

IS THIS TRUE.

I REALLY CANNOT BELIEVE WHAT THEY ARE TELLING ME.





Like 0      
07 Jul 2011 22:17 by Keith110 Star rating in the UK and I am lead.... 682 posts Send private message

Any Lawyer should act in their clients best interest at all times.

A Lawyer should not have a conflict of interest.

If a Lawyer is aware that the property is illegal, fails to inform the client and then allows the client to complete the purchase of the property, then in my opinion, the Lawyer is guilty of gross negligence.

If the client can prove by way of documentary evidence that the Lawyer was fully aware of the illegal status of the property then the client should consider making a claim for damages from the Lawyers legal indemnity insurance.

A Lawyer has a duty of care, must be transparent and act with professional due diligence at all times.

Kind regards

Keith



_______________________

LEY 57/1968
CLICK HERE FOR THE BANK GUARANTEES IN SPAIN WEBSITE

       
      

fpag@btinternet.com




Like 0      
08 Jul 2011 01:07 by jek Star rating. 249 posts Send private message

jek´s avatar

"Any Lawyer should act in their clients best interest at all times.

A Lawyer should not have a conflict of interest.

A Lawyer has a duty of care, must be transparent and act with professional due diligence at all times."

Keith - where does it say that?  If you're talking about UK, then I've no argument with you.  And we all come to Spain and take it for granted that the same will apply for Spanish abogados.  But it doesn't.  The culture is different.  Rather than defending their client's interest and attacking the client's opponent, the abogado will see himself as a mediator trying to see things from both sides and trying to reach an amicable solution.  Not always, but very often. 





Like 0      
08 Jul 2011 09:11 by Faro Star rating in London. 1139 posts Send private message

Totally agree with Jek.

A Spanish lawyer does not have what we in the UK would call an extended duty of care.

Furthermore the Spanish law societies are spineless.





Like 0      
08 Jul 2011 09:46 by Kenny Ackers Star rating. 42 posts Send private message

Kenny Ackers´s avatar

Remember this.

Many of us bought through the lawyer recommended by the developer. Who as we know are in cohoots.

Not all lawyers are like this. I purchased on Valle del Este off plan and it went like a dream. I used an independent lawyer who was totally professional, thorough and reasonable. She even got heavily involved in sorting our snaggong list out.

( being ripped off in the costa del sol was different we never even got to that stage, handed over the deposit to Gotardo at Palmera - and that was the end of that! )





Like 0      
08 Jul 2011 10:15 by joanmalaga Star rating in Costa del Sol. 420 posts Send private message

 Keith is right,  a lawyer should act in the best interest of their client, as long as you can prove that they have not than you have a case against them.

Joan





Like 0      
08 Jul 2011 11:32 by bob.dunford6 Star rating. 49 posts Send private message

 what i really need is what the law is in spain.for the european parliment..

you see they are getting two or three. types of law comming in.,

what we need id a student or simular or a abogado or notary to write in .what are they trained to do,

the european mps say that nothing is allowed to be sold by spanish lawyers which is found to be illegal in any way.

this is what the european court tells us.

so what does the spanish legal property books say.

and if a spanish lawyer takes your money in a fee.and then sales you aillegal oproperty is this fraud.

because this is what the spanisg judge said it was in marbella..

so please is there any body there who really knows about the spanish property laws,

because as the european parliment said if new students in spanish university's are being trained as property lawyers they will be told .if you can sale a illegal home or not also what protection you have to give to your clients who pay you a fee,

any body comming to sp[ain should be told what the law is on property buying.,and if the signing /ans stamping of the property deeds do not make the property legal.why do we need abogado's and notary,and why do the sign and stamp our property deeds,

because ifv the abogado andnotary do not know the spanish laws ,were are we.

please ,please if you are a abogado.or notary or astudent learning spanish property laws can you put us right,

is 





Like 0      

Pages: 1 |

Post reply    Start new thread


Previous Threads

Spain is Different - 2 posts
I see the Doom & Gloom Merchants have taken over the site again - 77 posts
mega - 0 posts
advice once again please on handing back keys etc. - 10 posts
Community Fees - 0 posts
RECOMMENDATION FOR OUTSIDE WALL PAINT SPRAYER - 0 posts
bungy - 0 posts
lift from airport 9th july 2011 .. help a local ? - 2 posts
Overdue AGM - 0 posts
Re statistics and the Inspectorate Service of the General Council of the Judiciary in Spain - 1 posts
Antiquity law - 11 posts
Car rental deposits - 3 posts
Benimar - 1 posts
Palmeras de Calahonda III - 1 posts
Spanish Taxes on closing a Bank Account. - 0 posts
Lost my case - 13 posts
3 days to stop Murdochs media takeover - 0 posts
Stair gate (baby gate) - 7 posts
spanish property law. - 0 posts
spanish property law. - 0 posts
Ripped of by Solmar - 5 posts
Trouble posting blog - 3 posts
Dog barking all day when its locked out on balcony - 6 posts
falsified certificate of habitation - 2 posts
SPA GOERS - 1 posts

Number of posts in this thread: 7

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:  
Email:
   


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