A few problems in addition to bankers guarantee

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19 Jun 2008 12:00 AM by Linda2610 Star rating in Essex. 3 posts Send private message

The summary of my purchase contract states i have a bankers guarantee, however the lawyers state I have not.  I have been in the process of withdrawing from the purchase of my off plan property since early last year.  The developer orignally agreed to release me (signing some sort of document) but appears to have changed his mind.  The lawyers are advising me to take it to litigation at a fee of 3000 eu.  They state that I have a good case as the developer initially agreed (by this document aforementioneed).  But I don't want to lose my deposit (£20K) PLUS the litigation fees.

I then recd a t/c from a solicititor in London who has recd a database of all my developers clients from an ex employer of the developer, and he has informed me that my lawyers are reknown for working for developers and will not prioritise my interest over the developer (which obviously may be his underhand way of touting for business!).  He stated they are negligent for not putting in place a bankers guarantee, which indeed they are. 

My lawyers have advised me if I dont go to court i will definately lose my money.  I'm not sure if they are just trying to get fees out of me and will leave me high and dry.  I don't trust anyone anymore.  Has anyone had experience of changing lawyers at this stage and can anyone recommend how i go about it.

Linda G





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19 Jun 2008 12:36 PM by spanishsolicitor Star rating in Murcia. 140 posts Send private message

spanishsolicitor´s avatar
Truly sorry for your problems
I do agree with the London Solicitor, most of the Spanish lawyers acting in purchases off-plan are working for developers. It is really truth. These lawyers  only have clients from agents and developers and they never change any clause of the contract offered by the developer, also they accept any BG from the developer even if it is unlawful.
If your lawyer had obtained a BG type 'a primer requerimiento' and according the provisions of the Law now you would have your money in your pocket.


_______________________
www.fljordan.com



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