Legal Matters

[ramblarider]

They would not be "prosecuted" unless they were charged with a criminal offence.

I think you mean "have lost a civil case"? i,e., been sued and lost.

See above....

[webejamin]

Just might be kingo that all the solicitors over here act within the law - hence no successful prosecutions?

:rofl: :rofl: That's a cracker byrney :rofl: :rofl: it's the way you tell em :rofl: :rofl: not even a smilie :rofl: :rofl: got any more like that :rofl: :rofl:made my day that did :rofl: :rofl: :rofl: :rofl: :rofl:

[musicdonna]

Tonto's comment is exactly what I mean.  Disrespectful to all that live here, both expats and Spanish. You have left the country, end of. There are just as many dodgy solicitors in the UK.  There are some very good ones over here.  How else would most of the expats have bought a legal property.
Yes, there were some dodgy dealings going on but that was 5-10 years ago. With all the new legislation that has been put in place it is unlikely that any solicitor will do a dodgy deal for a house purchase. But there will always be one.  Which is why anyone buying should speak to their town hall wherever that may be and get it in writing from them that house is legal etc.

Well said, Phil.

[Karen4]

Just might be kingo that all the solicitors over here act within the law - hence no successful prosecutions?

:rofl: :rofl: :rofl:

[byrney]

Just might be kingo that all the solicitors over here act within the law - hence no successful prosecutions?

[kingo]

My point tetley is that if a lawyer does become knowingly involved in an illegal sale he can now be prosecuted. Therefore it is likely that they will be much more rigorous in dealing with a property purchase. It is also why I say that going to the town hall yourself and get it in writing that the house you are buying is legal is as important as relying on a solicitor.

I maybe wrong, but can you give me one instance where a solicitor has been prosecuted sucsessfully? I cannot find one in the area? Or maybe I'm looking in the wrong place?

[ramblarider]

You can count on it. They will be very good indeed at that! They probably have a lot of practice.

The system here is ludicrously slow to begin with, and when you are up against a lawyer who knows every trick in the book as to how to drag it out even more, you will be 6 feet under before you get anywhere. Even in the UK, lawyers can introduce delays if they feel like it.... pre-trial applications, discovery orders, attempts to strike out, run up costs, you name it - they can do it. Here, I would think it could take an eternity. Then, of course, there are the appeals...  sunrun  and appeals on the appeals.... sunrun

[Tetley]

RR  thats a good over veiw,cases here can go on for Infinitum ie 20 years and the system is a closed shop and a person would need very deep pockets to open the shop,that other British old chestnutt abought 50% of lawyers here dont no there arse from the elbow is also twonk,they certainly will when it comes down to trouble on there own doorstep and how to deffend against a  client.

:tiphat:

[ramblarider]

Yes, lawyers here do have indemnity insurance.  However, their legal obligations to a client can differ quite substantially to what someone from say, the UK or Germany might expect. One example is bank guarantees for off-plan properties. The matter on non-existent guarantees (where they should have existed) has given rise to quite a lot of complaints, as clients would normally expect the abogado to check these for validity (as a solicitor would in the UK). Such complaints almost invariably fail. Why? Because the Spanish law regulating this (Laws 57/68 and 38/99, apparently) place no obligation on them to do so, and passes off all the responsibility to the developer. The abogado can then say "I have no liability because I was not obliged to check this aspect and therefore my failure to check it cannot be construed as negligence". Amazingly, this has been upheld! Personally, I would regard such a failure as highly negligent - but Spanish law seemingly does not agree. In short, you could only sue with a reasonable prospect of success where you can show they failed in a duty of care that they explicitly did owe to you. You cannot assume that this duty of care is the same as a UK, German or American lawyer might owe.... furthermore, such cases are likely to prove incredibly time-consuming, expensive and difficult to prove. There have been successful cases, but nowhere near as many as you might expect given some of the stuff that has been going on here for years....certainly in the UK, it can often be more effective to negotiate an out-of-court settlement with their insurance company. Much faster with very few costs (and in cases of clear negligence I have found they pay up quite fairly), or find someone to take the case on a "no win - no fee" basis, but I rather doubt either tactic would be viable here.

[felipe]

Have you tried emailing Mario to ask him direct?  He does not always access the forum every day. Check his advert in the commercial section.

[ebygum]

Thank you for those who replied to my post but unfortunately none of you answered my questions apart from Amanda Oakley who partly answered two of my questions.Often the original post tends to get side tracked and the real topic gets lost in the chatter.I was really curious to find out if any solicitors in Spain had been taken to court for negligence or incompetence and actually had to pay compensation.I was hoping Mario the solicitor might have given me some insight but alas not yet.

I just wonder about Spanish law though and what it stands for or is it going to be one of those things called SOD'S LAW and we just carry on - who knows?

[felipe]

Absolutely :)

[Tetley]

My point tetley is that if a lawyer does become knowingly involved in an illegal sale he can now be prosecuted. Therefore it is likely that they will be much more rigorous in dealing with a property purchase. It is also why I say that going to the town hall yourself and get it in writing that the house you are buying is legal is as important as relying on a solicitor.

In a perfect world  . :tiphat:

[felipe]

My point tetley is that if a lawyer does become knowingly involved in an illegal sale he can now be prosecuted. Therefore it is likely that they will be much more rigorous in dealing with a property purchase. It is also why I say that going to the town hall yourself and get it in writing that the house you are buying is legal is as important as relying on a solicitor.

[Tetley]

Phil to be fair,people will still be buying illilal houses today with the assistance of lawyers,it is what it is.......conveyencing here is a diffrent animal to the UK,the other thing is.............................did people use a solicitor or a chap that befor the boom worked in a libary and read a few law books between shelf stacking................. :whistle:

my youngsters doing law,realy struggling,not because he dosent understand it ,but because of the intence work & subject  load ,anybody here with a  Spanish State issued law degree will know there sruff,and any Brit here that thinks they know more,quite frankly is in cukoo land.

:tiphat:

[byrney]

Spot on today Phil.  :clap:

[felipe]

Tonto's comment is exactly what I mean.  Disrespectful to all that live here, both expats and Spanish. You have left the country, end of. There are just as many dodgy solicitors in the UK.  There are some very good ones over here.  How else would most of the expats have bought a legal property.
Yes, there were some dodgy dealings going on but that was 5-10 years ago. With all the new legislation that has been put in place it is unlikely that any solicitor will do a dodgy deal for a house purchase. But there will always be one.  Which is why anyone buying should speak to their town hall wherever that may be and get it in writing from them that house is legal etc.

[Amanda Oakley]

You can file a complaint with the College of Lawyers in which the lawyer you wish to complain about is registered. All lawyers should have a Collegiate number and be registered with the College based in the área they are practising in.
All lawyers should have Public Liability insurance.
I hope this helps.
Regards

[Tetley]

Eby
its all down to money ie yours and how mutch you want to throw at other lawyers,assuming you can find one,to act against the lawyer your not happy with,same old same old realy,if your Branson or Suger,you can bust arses,if your not,its same snitt diffrent day in most places in the world if you take on the take oners.

:tiphat:

[byrney]

Sorry ebygum, but I don't know the answer, but I suspect there will be.

Tonto, your comment that "they are all a bunch if cowboys" is rude and direspectful to the great majority of our hosts, and is frankly wrong.

In a recent post you said "Thank god I've gone and I can get on with my life". Well clearly you can't, but I for one wish you would, as comments like that are offensive.

[tonto]

Minefield, I think is the word that should answer your question.They are all a bunch of cowboys, to quick to take your money for what you owe and you dont always get a facture, and if you want any money back that is owed to you, forget it. along with the tax office. Be very careful in what you are doing. My advise is get out quick, or forget about it. dont rock thier boat.

[ebygum]

Not sure whether these questions have been raised before on the forum i can't seem to find any information on this subject.Would welcome members comments.It would also be interesting if Mario the solicitor could give his legal opinion on this subject:
1)Is there such an organisation in Spain like a legal ombudsman who will investigate complaints against solicitors who have not carried due dilligence when representing a client?
2)Do solicitors in Spain have to carry insurance indemnity in the event of a compensation having to be paid in the event of legal being taken against them and proved in a Spanish court of law?
3)What are the chances in Spain of taking a solicitor to court and to sue them for bad advice and incompetence if it can be proved?

I await with interest.