Lawyer WAS neglegent !?!?

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17 Nov 2012 10:43 AM by belucky358 Star rating in North Yorkshire. 197 posts Send private message

********LEGAL TIP 852 *********
Alicante Appeal Court , sec. 9 ª, S 28-2-2012, No. 109/2012, rec. 415/2011

Presenter Judge: Montalbán Avilés, Andrés


Alicante Provintial Court believes the lawyer was negligent , given the failure of its obligation to not require the seller granting of guarantees in regards of the advanced payment acording to Law 57/68.

The injury that buyers have suffered is the deprivation of the possibility of executing the guarantees to recover the amounts paid. ,

Accordingly, the defendant ( LAW FIRM) is sentenced to refund the buyers, ( claimants in this action) all amounts paid by this.
Dear Maria,
Is it possible for you to give us some more information on this case, and the details of the lawyers/ law firm, who have had the balls to buck the trend and actually prosecute another lawyer.
In our case all our deposits were paid directly into our Lawyers Bank Account, which he forwarded to the developers bank without securing a Bank Guarantee, and he failed to deposit this money, into a "Special Account" as per LEY 57/68.   He also failed to include the details of this Bank in our Contract, and failed to attach a hard copy of the Planning Consent, and since there never was any Planning Consent our property was never built.   Now he ignores our requests for  information, therefore we cannot identify  which Bank held/holds our money. 
Thank you in anticipation

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17 Nov 2012 11:38 AM by mariadecastro Star rating in Algeciras (Cadiz). 9380 posts Send private message

Legal Questions? Speak to Maria Direct

 I do not know who lawyer/ Law Firm was but do agree with you that these actions are very necessary for health of Legal Profession.


Maria L. de Castro, JD, MA



El blog de Maria

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17 Nov 2012 8:19 PM by nigel188 Star rating in Estepona. 647 posts Send private message

 Hi There

See if this Website can help you in this matter.You can register for free and also ask a Lawyer a Question.

Also contact this Lawyer.


Guadalupe Sánchez. Lawyer



Good Luck





This message was last edited by nigel188 on 17/11/2012.



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18 Nov 2012 8:54 AM by GuyT Star rating. 507 posts Send private message

 Presumably the defendant law firm has gone bust, making the judgement meaningless.

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18 Nov 2012 4:19 PM by sandra Star rating in . 812 posts Send private message

sandra´s avatar

Yes, I agree, Guy T.

You pay; a Spanish lawyer in excess of £ 5K, a Spanish notary 800 euros, a UK lawyer £250  to transfer your Power of Attourney to your Spanish lawyer, and then wait three years or more to get your  case to court. Eventually your Spanish lawyer writes and tells you, 'Congratulations, you won your case.',  and then NOTHING. 

Not a copy of the judgement or even any paperwork to show that the case actually was heard. Spanish lawyers seem quite naive in this respect. They expect their clients to believe them implicitly. They seem to forget that believing another Spanish lawyer implicitly is probably what got us into  trouble in the first place.

After another year or so, when it becomes obvious that the developer,lawyer or whoever you have sued has either completely ignored the judges' decision or gone bankrupt, you get an email from your Spanish lawyer asking you to send another £5K as they are now going to sue the bank and expect it to take another two years. That will make it ten years in all since we paid our first installment on our 'Dream holiday home'.

The amount involved,if we add on the promised 6% interest and lawyers fees is now in excess of 125K euros.

Do we continue paying and hope that we will eventually see our money again or do we forget it?

What would you do?









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22 Nov 2012 10:53 AM by sandra Star rating in . 812 posts Send private message

sandra´s avatar

Any Ideas??


This message was last edited by sandra on 22/11/2012.







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22 Nov 2012 10:57 AM by mariadecastro Star rating in Algeciras (Cadiz). 9380 posts Send private message

Legal Questions? Speak to Maria Direct

All registered lawyers in Spain has indemnity insurance

My opinion is that in a healthy professsional environement-- which makes a a healthy market--- all professionals need to be ready to admitt mistakes and cover them. No fears about suing a colleague. Actually, we should receive those claims as a way of becoming better professional people

The hard pathg of auto- examiniation and self- discipline..... healthy, very healthy



Maria L. de Castro, JD, MA



El blog de Maria

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