11 Aug 2007 1:30 PM:

Hi Norman

To do business on the Costa you need to understand how the system works there.  It is a relatively small region and business is conducted largely through contacts.  These circles of contacts result in favours being received and returned.  Business is very often exchanged in this fashion.  An example would be a developer recommending to buyers the services of a particular legal firm.  Once this happens it is questionable whether the loyalties of the solicitor lie with the developer or the buyer i.e. the client.  If you also throw the Hispanic spirit into the mix then you may begin to understand a lot of what happens there.  I believe a lot of the locals wouldn't see this as corruption but simply a fact of life.  If you're to survive in this environment you you must be aggressive in standing up and protecting yourself.    

If I was to select a solicitor then I would stray away from any recommended by developers and estate agents.  I would also tend to avoid those firms that concentrate on assisting foreign buyers.  My experience is that many of these firms tend to be either linked with developers or lazy.  They are used to fobing off foreign buyers and don't wish to exert themselves too much in return for their fee.  If you are considering litigation then of course you may need to find a firm that specialises in litigation rather than conveyance.  Not all firms do both.  I'm not going to recommend someone here but you will see recommendations from buyers posted on message boards from time to time.  For example, I heard some recommend the services of a solicitor who regularly posts on this website and who seems to talk a lot of sense.  However, interview the prospective solicitor before you decide to proceed with their services.  Tell them what you want to do and ask for their response.

Community thread: baby car seats

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10 Aug 2007 9:42 PM:

Myne -

Firstly you don't need to go to a solicitor to invoke the laws that protect consumers.  For example, you could shout and stomp your feet at the office of the developer until you get what you want, you could go to the local consumer affairs office and report your grievances or you could report the solicitors that have given you poor advice or ...

If you do decide to go to a solicitor then their costs are relative.  If you do win your case then you may well be awarded legal costs. Winning your case could also mean that you can withdraw from the contract or ensure that all wrongs are put right, etc.

Find yourself a good independant solicitor.  If the developer is not delivering substantially on what was promised then refuse to complete and if necessary take a case against them.  The solicitor will ensure that your deposit is safe.  As I have already said the law sees brochures, advertisements etc as forming part of the promise.       

I have been through the process of purchasing in Spain on a number of occasions.  The use of a good solicitor is critical.  You also have to be aggressive in standing up for your rights. 

Community thread: baby car seats

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01 Aug 2007 5:55 PM:

Myne - There are plenty of laws in Spain to protect the consumer.  Unfortunately the protection of these laws does not appear to be used often enough.  A major problem in this regard is the poor advice offered by many solicitors. If you read the local press in the Costa you will notice plenty of stories about the close relationships between legal firms and developers.

Who suggested that snagging in Spain happens after completion?  If there are some major things wrong with your apartment you should not have been advised to complete until they were rectified to your satisfaction.

In Spain the product that is contracted for delivery is deemed to be that outlined in the contract as well as any advertisements, brochures, etc.  Therefore, if the apartment that is delivered is in a complex missing say a sports centre and a sports centre was promised in the brochure then this is effectively a breach of contract.  Otherwise there would be no protection against mis-selling.

I would also question the assertion that you wouldn't have much chance of success.  From what I understand of the situation the law would be very much in your favour.  But you should seek out good legal advice to confirm this.

This message was last edited by houseclearou on 8/1/2007.
Community thread: baby car seats

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01 Aug 2007 5:32 PM:

Norman - you asked how you might join the private lists and get some information.  I'm not a member of these as I'm not an owner.  I'm sure others here can tell you how to join. 

Community thread: baby car seats

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27 Jul 2007 2:29 PM:

This same idea occurred to me when I viewed the complex.  The public terrace area currently appears to be dead space.  In order to convert it you would require the consent of the community and also would need to submit a planning application.  If both succeed then the community fees applicable to the properties may need to be re-calculated due to the increase in size.  I assume that the owners that have already extended their terraces have done so without the required consent?  Overall I think it would be an excellent idea. 

Community thread: 'Entidad Urbanistica'

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