buying off-plan comes more risky. Law 20/2015 abolishes Law 57/1968 and modifies Law 38/999

Baz 1946  I agree with you 100%..but unfortunately the mugs that have just took retirement or have been left a load of money from the sale of a relative's house ..just can't wait to part with the money they have accumulated .. and I can't think of a better place than Spain to have it taken from them than Spain.. after spending 17 years in Spain I have lost count of the people that have come to Spain loaded .. only to go back to the UK skint a few years down the line skint.

This message was last edited by windtalker on 2/3/2022.

To shift the responsibility away from the conveyancers, the regulatory bodies, thelitigators and system of justice in Spain helps no one in the long run.

Until such time as these issues are understood and addressed, then both purchasers and the Justice system in Spain and Spain's  economic well being will ALL be compromised.

Time for reform without a doubt, but I agree pressure also needs to come from educating purchasers as to the existing ongoing pitfalls and non compliance and MAJOR risks, until such time as reform is enacted.

Its important to understand in the interim the complexities however and continue to seek realistic solutions to assist those battling for reform from within.

One action is not mutually exclusive of the other, in other words both education in terms of forewarnings AND seeking realistic solutions in the interim should both be followed.

Ads:

I have not been a witness of Lawyers misconduct in these matters recently: they were abundant during the last off-plan boom and yes, they were reported to Bar associations and National General Council of Lawyers. 

No one suggested this forewarning would come from developers Baz!

As for the pitfalls etc....innumerable postings exist that you must be aware of as you have responded to them so surely no need to repeat again here?

As already expressed the education comes from forums such as these and Spanish Property Insight, from the UK Government, the Olive press, etc etc. but such education should look to the whole perspective and the ramifications with intent to achieve mutually beneficial solutions.

The old  maxim BUYER BEWARE still stands in the interim.

Maria,

 There are definitely ongoing abuses as per the detail relating to the promoter BYNOK as previously identified when you queried who the conveyancers were as per article on Spanish Property Insight titled 
"By Nok promoter of La Boladilla Village Resort in Estepona leaves investors in the dark and fearful for their money"

https://www.spanishpropertyinsight.com/2022/01/15/by-nok-promoter-of-la-boladilla-village-resort-in-estepona-leaves-investors-in-the-dark-and-fearful/

It would appear that there were conveyancers who were prepared to ignore the requirement for building licence and BG etc....which prompted the recent concerns.

Good to know however that the past instances were reported, but how were they made accountable?

Who was made accountable?

Who are continuing to undermine the legal profession and their integrity by their ongoing misconduct or lack of due diligence?

How can we know that following the reporting stage that enforcement of penalties, where applicable, were applied?

The whole system of accreditation of lawyers is being brought into question when Bar Associations lack the transparency necessary to reassure and rebuild trust. 

This message was last edited by ads on 2/3/2022.

To my knowledge, Bar Associations mediate when a judicial claim is prepared against a member of its body but still, this is just a voluntary steps that can be taken by lawyers before suing a colleague. Nothing else that I have known of but , still, the disciplinary work of the Bar is under secrecy of course.

Thank you Maria but with sincere respect, there should be no " of course" in your final sentence, as this implies that it is an acceptable practice.

We have to ask the question why should it be acceptable to hide the outcome of mediation which has the potential to both educate and if mediated with fair consideration of all the legal facts, act as disincentive to malpractice or misconduct and also protect the legitimacy of the legal profession going forward.

Ads, 

I do agree with you: sanctions should be made public for the good of profession and society. We are very often milseades by concepcts such as " secrecy", " intimacy" and " data protection".

I just wish Maria that you and Lucas ( who started this thread) and others keen to resolve these compromising issues would come together to influence the Bar Associations with all these debated concerns as one strong voice representing those professionals who genuinely seek reform and greater transparency to safeguard not only the legitimacy of lawyers in Spain, but also for the sake of the wider society.

To have achieved progress against the powerful Banks is nothing short of remarkable given all the odds stacked against so many ( although much still to do in that regard)  but it it only goes to show how sharing knowledge and achievement of sound case law in a far more transparent manner against all those who acted inappropriately or in ignorance or with purposeful bad intent can enhance accountability.

We are still fighting those powerful banks! Still much to do!