Problems with Spanish Lawyer

Hi,

I need some advice.  I put a deposit down on an off-plan property in August 2006.  We went back to Spain at the beginning of the year to give our lawyer Power of Attorney.  The property in the contract was due for completion in second quarter of 2007 with a 3 month delay period.

We have been told by the developer they are written to our solicitor to start proceedings.  We have found out that our solicitor has now left the firm and someone else has taken his case loads.  I have been trying to contact the solictor for 6 weeks now and she does not return my calls.  Our estate agent says they are trying also and have not been able to speak to her.  I want to know if the Power of Attorney is valid for her.

I don't really know what to do, can anyone advise?  Obviously the development has broken the terms and conditions of the contract so I want to claim compensation but with no communication with our solicitor I don't know what to do.

Also, surely if the development was ready the developer would be chasing us for money??

Can anyone advise me what to do?

Thank you

Hi Mooretra - with regards to the power of attorney, here in Spain they are very specific and only useable by the person it is granted to. The use can be wide ranging ie to fully buy a property, open bank account, sign mortgae on your behalf, or they can be very specific. Usually they are date open ended. Do you have a copy of it? If so ideally you need to cancell this so you are back in control. The POA may have been made to another person in the firm and therefore they can still act on your behalf.

Once cancelled or ideally before, you need to engage another lawyer who can help you. Inform your old ones in writing and by registered post, that you are no longer instructing them. You may lose all or any money paid to them upfront, if you havent paid, even better!

And yes, if the development was ready to comlete then they would be chasing for completion although this may have been done via your lawyer

What development and where are you based as either myself or other members of this forum could advise a new lawyer for you

Kind regards

Help required please.

There are many of us in the same position. In Aug 2005 I placed a deposit along with many other either before of after this date. It was on a develpment in Estepona. Estepona Beach and Country Club. Our contract says that the development should of been completed in Dec 2007. To date not a single brick has been laid or any work carried out. There is no licence and the marketing company and the developer have joint control on which was approx £26 million of investors money. Some people have transferred to other ongoing developments and no one that I know of has manged to get a refund as yet. It has been blamed of the Marbella money laundering and the fact that licences are not given out. I have requested a full refund but am told they are not in a position to refund????

I now feel the time is to contact a solicitor. Does anyone know if this is common practice to have peoples money for 2.5 years before getting licence. I have 70k invested just as a deposit and so do many of my other contacts. I no longer wish to be involved with this project as the development should of been completed.

Do you think we would have a case? Would we go for the marketing agent who took the money or the developer?  Would it be best to use a Spainsh Solicitor or English... I know that we are all worried that we will lose our deposits so we hope to get together and fight as one. Would a Solicitor take on many cases as a block and reduce the costs of going to court and what could we hope to get back. Interest? Court costs?

Please help if you are in the know or have experienced something yourself. We cannot go on waiting .. there has to be a limit on how long a developer can take to get a licence while holding on to vast sums of money.

Many Thanks and any help would be appreciated.

Regards

James

 Please help if you can

Hi James

Contact Maria, lawyer on EOS forum, for advice.