29 Jul 2009 11:05 PM:

I've been speaking to Martin at Abolex and I've been pretty happy with what he has said so far.  I can't post a link unfortunately but if you google for abolex abogados they are the top link.

Juan

Community thread: anyone who has walked away recieved a letter from prodinal lawyer

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12 Jul 2009 9:52 PM:

Thanks for the responses folks.

@mariadecastro - it seems that the notification address was that of the conveyancing lawyers, not our home address which is a shame.  And it sounds like now that court action has been initiated, we don't have time to change our lawyers which is unfortunate.

Where can I find the details of the law that states that if we can't get financing then we can cancel the contract?

Thanks.

@inspectahomespain - I appreciate your reply (even though it doesn't make me really happy, not your fault of course!).  I think that everything has been completed properly in any case.  The real issue that we have (again not down  to you) is that we were not aware that we were signing a contract that risked our property in the UK.  We thought the maximum loss was limited to the deposit which was still extremely painful to write-off.  And it sounds like when the developers win this lawsuit we will be incentivised to never work again as it will be a debt that we will never be able to clear in our lifetime.

@joanmalaga - thanks for the tip.  I now have seen confirmation that the suit has been initiated.

Forum thread: If you walk away from a purchase, what are the potential penalties?

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08 Jul 2009 12:00 AM:

I've been informed by the lawyers that were supposed to be representing me that the developer has filed a lawsuit against me for not completing the purchase contract (see the thread anyone-who-has-walked-away-recieved-a-letter-from-prodinal-lawyer on the PortoFino forum).  They asked for around 10,000 Euros to represent me in court but I can't afford that amount and I don't really trust them.

How can I check if the lawsuit really has been filed and it isn't the lawyers lying to obtain more money from me?

Do I have a case against my lawyers for negligence for not informing me about the possibility of the developer doing this? (they told me the deposit was simply to reserve the unit - not that I was in danger of losing my house in the UK)

The contract mentions "judicial fulfillment".  What does that mean and does it give the power for the developer to seize assets in the UK?

Section 33 part 3 of the Spanish constitution states

3. No one may be deprived of his or her property and rights, except on justified grounds of public utility or social interest and with a proper compensation in accordance with the law.

If necessary, can I defend the case based on that?

Thanks.

Forum thread: If you walk away from a purchase, what are the potential penalties?

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07 Jul 2009 8:50 PM:

Hi,

I've received an email from Violette stating that the developer has filed a lawsuit before the court of El Ejido.

And also (paraphrasing):

If the developer gets a favourable verdict, they will be able to demand payment in the UK and according to the European Legislation, it would be very easy as the UK court will not reconsider the case but will simply accept the Spanish ruling.

I've still not received anything directly (or indirectly) from the developer but I spoke to a notary in the UK today who suggested that they are correct about the European Legislation, assuming they get a favourable verdict in Spain but it is possible I have a case against Violette's firm for negligence for failing to inform me about this possibility.

I've set up a twitter group on tweetworks called Portofino to discuss this issue (I can't currently access private messages).

And Michael (Davies), I'll be contacting you tomorrow.

Thanks

 

This message was last edited by juangarcia on 08/07/2009.
Community thread: anyone who has walked away recieved a letter from prodinal lawyer

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