Final accounts

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02 Nov 2006 00:00 by louisen Star rating. 79 posts Send private message

Has anybody had problems with their Solicitor, ie getting final accounts? Mine is being very unresponsive now that the deal has been done.

Any suggestions?  In hindsight I should have got an independent solicitor, this one was far too close to the developers and wouldn't respond to me on advice requierd for snagging issues



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12 Nov 2006 08:12 by webster Star rating in Sunny south coast bu.... 86 posts Send private message

My solicitor is in Aguilas, the property in Vera and is completely independent.  Is it too late to get another solicitor?  No doubt you have arranged a fixed price with the one you have got for completion, but I am sure you could arrange a fixed price for advice with an independent one to get advice on your situation, if you get what I mean!  Contact me privately if you want my ones details for consideration.  Good luck though - whole thing takes the shine off the experience doesn't it?

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14 Nov 2006 11:21 by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

Smiley´s avatar

One does not have to be qualified to practice law in Spain. If you were to walk into a Spanish bar and shout out "is anyone here a lawyer?" 99% of hands would go up in the air. That is perhaps a little flippant but I am sure you get the drift. Technically there is no conflict of interest here if a lawyer is acting for both parties, however I would never use a lawyer other than one that I have appointed. If the other party wants to use mine that is fine because I am confident that while he wont be totally impartial (he is a friend as well and I trust him with my life - well almost) he will act accordingly with integrity and will give unbiased information to both parties. The probability is that most vendors will already have their own lawyer from the time that they purchased. I would recommend that one NEVER EVER uses a lawyer introduced by a developer. They will be pushing to complete even if the appropriate paperwork is not in place. They will not be particularly assertive with the developer if there are legal issues over snagging etc.

While perhaps difficult to find ones own lawyer in a short period once one has decided to buy - "you need to sign the reservation contract now before the price goes up by 100,000 as we have twenty other potential buyers and this is the last one" - it is worth ensuring that any lawyer you appoint is a)qualified and b)a member of the Spanish Law Society. I had a client about a year ago who was so smitten by the lawyer she was introduced to by the developer that she was smooth talked into using him. 18 months down the line when she needed him to go to the plate for her he proved his true colours. I wont bore you with the details as I would be here all day but in brief, the contract had been explained incorrectly and the lawyer had assured her that her deposits were protected in the event of irregularity - no such thing!  

Rgds


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14 Nov 2006 12:16 by goodstich44 Star rating in northampton. 1648 posts Send private message

Smiley  wrote

I would recommend that one NEVER EVER uses a lawyer introduced by a developer. They will be pushing to complete even if the appropriate paperwork is not in place.

oh soooooooooo true. If only we had realised that four and a half years ago!

We were advised to complete  with no LFO and a serious breach of contract, + no real bank guarantee. The line was, 'well if you don't complete the developer will go bust and you will lose everything'

how these people sleep at night amazes me!




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14 Nov 2006 18:17 by bobaol Star rating. 2256 posts Send private message

bobaol´s avatar
Re not using developers lawyers.  Totally agree.  We appear to be in the same situation as the last respondent.  We purchased about 4 and half years ago as well and moved in 3 years ago.  Again, sign and everything will be OK.  We now find the developers didn't pay bank guarantees and we cannot get our deeds even though we paid completely.  Big agents and developers are no guarantee the paperwork is correct and the solicitors have only just informed us of the problem.  No big deal, you might think, as we have the property.  But we can't apply for residency or put our property up for sale without the deeds.  It may also turn out that the developers don't even own the land they build the house on.  Always, Always get an independent lawyer to check everything out and Never, Never pay the last instalment until you have the paperwork in your hand.  Simply signing in front of a notary, who then whips the paperwork away, is no guarantee.  We are now in the situation of our lawyers (and the well known nationally advertised agents) having to sue the developers (one of the biggest on the CB) just to get our deeds.  Meanwhile, we are in limbo on purchasing another house to retire to as we can't put the original property up for sale.



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