Proffessional liabilities of conveyancers

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I think some lawyers would see a conflict of interests here?. If the laws did work, and strict penalties were handed out to those who abused them, and that includes the all important timing of administrating common sense justice, then how many lawyers would be needed?.  The lack of  common sense, integrity, the dishonesty, and the incompatence of those in so called high places, who we should be able to trust are working on the side of those in the right, has provided massive amounts of business for good and bad lawyers alike. 

Given the evidence to date I suspect we will never feel comfortable until we gain reform of the legal system, so it’s essential to identify failings, to look for realistic workable solutions and to stand strong against a backlog of corruption, political interference and hidden agendas.

As things stand right now there is much to do to address these terrible failings that have decimated innocent people's lives. Keith's petition goes some way to address this in terms of factual evidence (hence the importance for everyone affected to provide evidence), but we can't rely on this alone. I for one hope that good lawyers will be as proactive as possible to establish, from within, a system that is fair and far more accountable.

Maria appears to have shown strong commitment to an alternative legal strategy that will make banks accountable for their failings. Admirable if it proves successful, but in the longer term my concern is that it doesn't address the underlying failings of the existing system. It's a temporary solution. (Not that I am discounting this solution by any means.) Where the vulnerability comes is when others within the legal profession question this alternative legal strategy. What we have to do therefore, is to look to the motives and experience on both sides of this argument. And this is where it gets complicated!

Where I feel there may be a conflict of interest, relates to a system where it becomes more financially viable for a lawyer to follow a variety of long complex procedures via the existing system, rather than establish inbuilt checks (time constraints and the like), which would alleviate many of the obstacles to achieving justice.

So my question for Maria is, where is the incentive for legal professionals to address the abuse relating to delays, so long as lawyers remain financial beneficiaries from such a flawed system? A system that requires more and more legal routes to be pursued as the consequences from these delays continually compromise the client?

We have no financial benefits out of the slow rythm of the Courts, on the contrary, we do not gain our fees till the case is finally solved, so we are also interested, under pure financial considerations, for the system to be quick and effective.

I do not know how other lawyers organise their accounts, maybe for those who charge on an hourly basis, this slow pace could be benefitial.

Needless to say, if we condider it from the most important: social point of view: it is not healthy for any society and/or economy to have unefficiencies ih the Administration of Justice.

A new post which may be of your interest, on this topic. Today´s:

Thank you for your response Maria. It is good to know that there is no financial incentive to retain delays given your payment structure, however what about the valid criticism relating to delays which result in complex procedures that identifies

There is no incentive for these Lawyers to speed up the system or clean up the system.  If they do then more cases will be won in first instance courts and the Lawyers will not be able to go on charging fees for appeal after appeal and embargo after embargo etc “

Do you consider this an unfair critcism or can you see the conflict of interests here?

 Regarding the article on new initiatives by the GCJP (General council of judicial power) what is meant by “The proposal is to raise the minimum amounts required to go to Appeal and Supreme Court.  “?

 Also the final statement “She thinks that public opinion is starting to see them as an Institution committed with modernization of Justice and guarantoor of judicial independency, the main reason of being of the Council.  “underestimates   the public’s perception. Given the history to date, it will only be when we see these promises put into practice will we ever gain such a perception. We have had enough of the rhetoric and now we want positive action!

Maria

positive action is everything. Because so many are waiting for 'real' justice, new laws, new regulations, new proposals in Spain mean nothing if not bought in to action within days, not months or years, and only action taken in days, not months or years will be of any use to many of those wronged in the past and present. The bodies in government who are responsible for so much financial loss should have a fund to re-pay their debts to those who's cases are proven in court. Anything else is just more lies, excuses and deception from those responsible who have it within their grasp to do the 'right' thing for those so clearly cheated ultimately by them!

I agree: we need to fight.

Best wishes,

Maria

Hi Maria

Can you advise if it is possible to sue the agents for failing in their duty of care if the banks do not pay up please? Regards Tez

It might be possible. Depending on the mandate you gave to them: I mean. depending on if among the services they provided to you for the fees, the legal checks of the transaction was inlcuded.

If the agent directed a purchaser to their preferred lawyer does this make the agent complicit Maria, or would this be deemed as the lawyer's responsibility thereafter, (given the mandate that was written into the contract regarding provision of Bank Guarantees)? Will the Banks also try and pass over their responsibilities to the lawyer who drafted up the contract, when responding to claims against the Bank? Are they all complicit in this problem, or is the Bank ultimately responsible for not ensuring a BG was issued from the outset when monies were deposited?

Please could you respond to this question, Maria.

Many thanks.

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what a good question, and one I hope Maria can answer soon?

I feel it must always fall on the responsability of the lawyer to not proceed with any stage of a purchase until all the correct documents are in place. Having said that, there is often so much corruption and lies to contend with when buying Spanish property, that some lawyers in the past felt that a lack of BG wouldn't be a good enough reason to cancel a contract.

I read that as saying that the justice system is so bloody hopeless that even with the law in theory being in favour of those not granted a BG, or late built or contract faults, those reasons are certainly not enough to be confident that you will ever get your money returned if you cancel the contract.  I was advised to complete on a property half contract size with no BG because it was considered better than the alternative of trying to get justice, despite me being very much in the right !! 

Recovering from flu.

Every case is different.

In my legal opinion, if you appointed a lawyer for conveyancing, he/she, becuase of special trust mandate on legalities related ot the transaction has stronger liabilities than the agent.

Maria

poor you, glad you are recovering.

........just to add to my previous post for anyone who doesn't know my story.

Despite the advice to complete with no BG and several other breaches of contract, I didn't complete and changed lawyer who then won my case against the developer for breach of contract. Due to court delays the developer went bust and to this day (9 years next june after putting down our life savings as a deposit) we have nothing despite winning our long fought case in court.  So should I have taken the advice of my previous lawyer and completed on a contract of lies?, I would have at least  something to show, now I have nothing but pride that in my mind I did  what I thought was the right thing at the time.?.

Hi Maria

What advice do you have please for all the buyers on ACC now that criminal charges have been brought against the builders in the Almeria court? What can we all do to protect our rights and will the court be able to seize personal assets from all the directors involved if the criminal charges are proved? How do we lodge our claims please?

Regards Tez and Lin