Reliable lawyer needed

Thanks for all the advice, I'm going to view some properties next week so will be doing research into some of the suggested lawyers on here before I go.

thanks

stuart 

Mariadecastro has been very helpful, sadly I only found out about her through Eye on Spain and some time after we purchased our apartment.  I have not taken up the help she has offered purely because our Administrator is doing all they can, The cost if we hire any further help may be to much take on.

It is the Spanish Courts that seem to be the problem as they are way behind with years of cases & work to do.

Maria,

This has been so useful and thank you as ever for your continuing educative advice and observations.

Given the risks that you have exposed in view of there being no regulatory register for offplan purchase, and protection being provided via the requirement to fully adhere to existing law Ley 57/68, is it possible to explain why swift judicial executive rulings are not being used by judges and why innocent offplan purchasers are being subjected to a myriad of litigious routes to gain justice and recognition of their cancellation rights and return of their deposited monies in the event of developer breach?

Surely all forms of manipulative malpractice/failures that have directly resulted in denial of purchasers’ inalienable rights should be swiftly recognised by the judiciary with cancellation rights and swift return of monies respected as existing law 57/68 dictates, shouldn’t they?

So why are some judges and the Supreme Court not consistently adhering to this law in its entirety (when in the case of contra legem rulings the SC has not allowed admission for appeal)?

The fact that innocent purchasers, through no fault of their own, are having to defend against a succession of compromising failures by conveyancing lawyers/developers/Banks/Town Halls etc and be subjected to appeals (now common place) that emanate from the outset from non adherence to Ley 57/68, acts as a prime example of the flaws in the existing conveyancing and judicial system in Spain, does it not?

We should never lose sight of the fact that purchasers’ inalienable rights have been compromised by malpractice and or failure to strictly adhere to this law (provision of legal BG annexed to the purchase contract, provision of protected and identifiable secure Bank accounts, provision of legal LFO, delivery of housing according to mutually agreed end dates, etc).

So how can it be that a law defined to protect from the outset cannot be swiftly enforced by executive rulings when it can be demonstrated that INALIENABLE rights have been compromised in this way? Why should there be the need for further litigation?

So long as judges and the Supreme Court do not recognise the requirement to safeguard offplan purchasers’ inalienable rights and enforce Ley 57/68 in its entirety they will, in effect, be failing to safeguard the rule of law and the principal of legal certainty.

The irony also is that the knock on effect of this failure to speedily effect executive decisions has resulted in an overloaded court/judicial system, which in itself has compounded the problem for innocent purchasers (in the interim lengthy period awaiting justice, developers have become insolvent etc). But this has also resulted in a failure to safeguard the rule of law in so much as there are no time constraints to comply with the requirement for “regulatory proceedings to be conducted in a timely way that respects the due process of law” .

Isn’t the best way forward therefore to use all these arguments in offplan purchasers’ legal defence and call for purchasers’ inalienable rights to be swiftly recognised and adhered to, and argue the case that swift judicial executive rulings now appears the only way to ensure offplan purchasers’ inalienable rights and the rule of law is safeguarded in Spain?

If anyone wonders what this has to do with a thread relating to reliable lawyers…. just look to the uncomfortable facts where conveyancing lawyers’ lack of due diligence/malpractice and in some cases complicity with developers have sadly played their part in this sorry saga.

Thank you again Maria, and I look forward to your assessment and observations on all of the above, and trust and hope that this proves useful for all those not only wishing to gain an understanding of the complexities, but also to appreciate the need, where necessary, to use a reliable and trustworthy independent lawyer.