Serious Legal Problems

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28 Aug 2011 7:42 PM by Orinoco Star rating in Castilla La Mancha. 141 posts Send private message

Orinoco´s avatar

Navidad, as I said before we´re more than happy to help, unfortunately it is more of a mop-up process now. Since 2004 the local government could have changed in 2007 and 2011, which complicates matters. 

Email me at orinoco.uk@gmail.co.uk, I promise nothing, but we´ll try and help.





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30 Aug 2011 5:43 PM by normansands Star rating in Kent. 1281 posts Send private message

Navidad,

could this excellent post be of help?

30 Aug 2011 13:37 by Patrick Vine Star rating in Cox. 3 posts Send private message


 

 

 


 

I think my Spanish friends were influenced by negative stories & rumours they had heard, none of them at that point had built there own home. Since then the main doom & gloom man has built hi villa using the same builder that I used and on similar style as my house! I think that the reason we didn’t get into trouble is that we chose a respected builder in the village who has a good work record. This is something that is a bit difficult to know if you are coming from the outside into a community. My wife is Spanish and from this village. The builder (Jose Dias) does not work with estate agents who charge huge commissions. Even today he has a lot of work and is well sort after (if anyone wants to build in Cox then I can recommend him but I don’t think he would consider working out of the area).

We did not use a Solicitor. This is because my wife and I have some knowledge of the building process. I don’t recommend anyone not to use a solicitor but I think it is best to find a good one. Unfortunately many are suffering the consequence of bad administration on behalf of a solicitor that has been paid do a certain job, but it has not been done properly or the correct information was not given at a crucial time in a operation which has given place to disastrous consequences which at time it is almost imposable to remedy.

A typical example of this is the case of purchasing a property in which the solicitor in all his or her wisdom does the searches but does not inform the client buying the property that it was built without planning permission. The consequences of such negligence:- No right to electricity or water supply, difficulty in reselling such a property. Possibility that the property is not registered with the rates office and subsequence fines being issued by the rates office. This is the type of issue that is facing hundreds of expats in the Alicante area and in most of the rest of Spain.

It is terrible to be cheated and many are not able to not able to get out of the situation without a long legal procedure. I have many friends in this type of situation.

As to denouncing the situation, I recommend people to go to the school of Solicitors (Ilustre Colegio de Abogados). to seek free legal aid. It can be obtained if you are on a pension, low income or just haven’t got too much money in your bank account etc. There is normally a school of solicitors in most major towns. In the south of Alicante there is one in Orihuela, I imagine there is one in Elche too.

The more people that denounce builders, solicitors, architects & estate agents the more the state starts to take notice, especially if the state is paying the bill!.

I do know a couple of people who have opted for legal aid and there cases are now being processed, but the case hasent come to court yet.

Where things have gone wrong in Spain is the seemingly lack of accountability and consequences. Unknowingly to many there are agencies in place to help people who have been abused.  I live quite close to catral where there are 100s of expats who have purchased illegal properties but were not informed by the solicitors they employed that the house was a illegal build....Scandalous. I’m not sure if I’m allowed to post web pages here where you can get information but you can always p.m. me.


_______________________
www.expatsolutions.wordpress.com www.inilandproperties-spain.com



Spam post? Please let us know

Regards

Norman



_______________________
N. Sands



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05 Sep 2011 7:22 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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 Clearly, the best action ahead is against the Lawyer´s Indemnity Insurance policy. Every lawyer registered in a Provintial Bar association is covered for indemnity.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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05 Sep 2011 6:48 PM by TheWoodbug Star rating. 32 posts Send private message

Maybe you will come under this new decree it's an article I found in a property portal - I think you are in Andalucia. Good luck anyway!

 
José Antonio Griñán, the President of Andalucía, announced yesterday Tuesday 12th July 2011 that illegally-built homes in Andalucía will be legalised by decree, but stressed that this isn’t an amnesty, despite all evidence to the contrary.
“In some cases it will be a regularisation that answers to town halls through town plans, and in other cases it will come at the request of individual owners,” Snr. Griñán told the Andalucía
parliament. The only homes that won’t be legalised are those built on specially protected land and areas at risk of flooding.
According to the Junta, there are 300,000 homes with planning problems in Andalucía, but others like the left-wing party Izquiera Unida say the figure is more like 400,000.
There will be no more problems in future because it is now “practically impossible” to build illegally in
Andalucía, claims Griñán. “We are not going to let our guard down,” he said.
Josefina Cruz Villalón, the Minister responsible for housing, recently blamed British owners in Andalucía for much of the problem with illegal building.
Judging by the comments from readers at some Andalucian news websites, the move will go down badly with many voters, who are outraged that law-breakers are being rewarded for their behaviour. In reality, an amnesty is the only solution to a problem the government should never have allowed to grow to such
monstrous proportions. When it comes to illegally built homes, you either stamp it out straight away, or the problem gets so big you end up having to resort to amnesties.
 
The Woodbug




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