Off plan purchase -warning

In the UK most if not all new home's are sold off plan with absolutely no pressure or problems...all UK builder's ask for is a £500 returnable deposit  ...one of the main reasons for this is that property is selling like hot cakes...how the builder's finance the building projects is with the help of the stock market/pension fund companies/and private the investigator ...so the prospective buyers in the UK do not have to worry about getting ripped off by unscrupulous builder's ....so ask yourself why the Spanish builder's cannot raise funds in the same way as the UK ...one of the main reasons is  corruption right across the board and until the EU steps in with hard and fast rules on how funds a raised coupled up with cast iron protection from bank guarantees... like no matter how the project failed you can simply as for your money to be returned immediately apparently this is how a bank guarantees are supposed to work ...but they don't if you are ask to for a deposit back it intails many many court appearances along with more money you have to pay a solicitor and many many years before you get your guarantee protection payment if at all...I personally think anyone that hands over a large amount of money to a builder that shows them a picture out of a glossy magazine is nuts ... especially when you read the blogs on the internet about off plan ripp off companies in Spain....we are not talking of just one or two individuals you are talking about many many thousands so think again and don't do it.

Not sure what goes on in the UK or any other country is relevant or will affect what goes on in Spain. In fact it would be beneficial for all foreigners to completely forget how it’s done back home and learn how it’s done (or maybe you done) here in Spain.

It is true you cannot trust a bank guarantee, but that is just about true of every profession in Spain. It’s their culture, they love it and they have no intention of changing anything.

Until such time as there is some form of better regulated structure or constraints on abusive practices that directly compromise citizens, then education and awareness of the many differences in conveyancing and real estate regulatory structures ( or lack of), or changes in law that sadly may leave potential loopholes to be exploited,  becomes essential in this scenario. Hence my original posting to act as forewarning of buyer beware.

But ads when is the penny going to drop, the Spanish don’t want a better regulated structure or any constraints on abusive practices. It’s their country and it’s just the way they like it. The message to you and all others is, if you do not like the culture of Spain and are not prepared to accept the way they do things, then don’t come to Spain making a nuisance of yourself complaining, the Spanish don’t want you.

No that is not the point Angeleyes. 

The point is that if you care sufficiently for your fellow man and witness abuse, do you turn a blind eye or do you try and educate of the realities with the aim to try and minimise the abuse on innocent citizens?

There is much hypocrisy in so much as the EU make much of supporting citizens and striving for protections of citizens rights, and in this case there was a law in place to protect which has been abused in all manner of ways, which should be rightly tackled and exposed.

Such abuse and turning of blind eyes to uncomfortable realities does no favours to the trust and respect between differing cultures, in fact it sadly unnecessarily perpetuates distrust and has the potential to harm economic progress.  

Thankfully however there are some from within who are trying to effect justice, to educate, and make those who abuse more accountable.

This message was last edited by ads on 26/08/2019.

Hello ads.

I believe EOS is mainly a British expat forum. What action do you want members and readers to take to affect justice, to educate, and make those who abuse more accountable?

The education process is already in progress on EOS as I’m sure you know....plus the means of informing MPs, MEPs  via http://www.writetothem.com

But  it isn’t helped when the inference is made that by educating or pointing out loopholes etc, it’s making a nuisance!

All too many are quick to make this a divisive competition between Spain and the UK when people try to help or educate, when in reality they could be supportive of endeavours to expose abuse ( whistle blow) and push the EU for better regulatory structures intended not only to safeguard citizens but also build trust. 

** EDITED - inciting - Against forum rules **

Good, independent conveyancing lawyer: most necessary.

Yes Maria....completely agree but unfortunately there are those lawyers who are not so independent or do not act with all due diligence which have left citizens badly compromised, hence the request for good regulatory controls via the Bar Associations in Spain.

People who do not consult EOS are left vulnerable to know who is a trusted legal professional in that process and even some of those that have been identified on the UK Govt site have had very chequered past histories as they failed to act in purchasers best interests in the Bank Guarantee scenario which has left them understandably untrusting and very concerned why the Bar Associations have failed to act to date.

I do agree: more control and sanctions are needed. 

People who do not consult EOS are left vulnerable to know who is a trusted legal professional

How can you say this ads, of all the people who have asked me any questions on buying and owning house's in Spain not one has known of this site when I mention to take a look, all, obviously I don't know all, but for the most have used a solicitor, a few have come unstuck with the crap ones? I did recommend one solicitor only to be told 'Far to expensive' maybe anything over £30.00 is expensive.

England is no better, many seem to think that our legal profession is squeaky clean.

Baz,

To repeat, this is not a competition as to who is worse, the UK or Spain!

And please don’t misconstrue what I am saying....I did not imply that EOS is seen by everyone by any means....what I implied was that those purchasers who review lists and believe that these are all trusted lawyers will remain vulnerable so long as the Bar Associations in Spain fail to regulate those members who have compromised many clients and have not had any form of sanctions to act as effective controls placed against them.

The objective for goodness sake is to try and educate but more importantly to stress the fact that as things stand the Bar Associations in Spain are not regulating their members effectively so the message has to be BUYER BEWARE.

Maria,

It’s surely in the interest of good lawyers to push from within for greater controls to safeguard their own professional reputations isn’t it? Otherwise all lawyers will be labelled as untrustworthy as has sadly been suggested by others on EOS. So long as the current lists of lawyers includes those law firms who acted without due diligence in several instances, then the only natural conclusion will be that the whole list is questionable!

Why aren’t good lawyers, who now represent those clients previously compromised,  reporting these details back to the Bar Associations?

ads

Do you think the Bar Association are ignorant of the lack of due diligence from many of it’s members, or is it a case of they do not want to know?

Angeleyes

This is about how you gain better control and sanctions from within, not constantly undermining attempts to make progress.

As expressed on another thread if you have little to add constructively,  with all due respect, please do not comment.

Ads please don’t tell members what they can post.

If you do not know the answer to a simple question just admit it and stop preaching how can you deal or advise on the Bar Association. This is EOS not ads on Spain or Against ads rules, or is it.

‘’Do you think the Bar Association are ignorant of the lack of due diligence from many of it’s members, or is it a case of they do not want to know?’’

Angeleyes

Unconstructive and personalising nonsense yet again. You know full well that your question could only be answered by a legal professional.

ads, have you ever given any thought to the fact that Spain might not want to, or need to change, because as far as it's concerned nothing is wrong in the way they do things.

IMHO Maria is right when she astutely observes and confirms the need for more controls and sanctions.

Ads please stop the usual insults, I am not trying to be awkward or argumentative.

How can anyone deal with the Bar Association if you don’t have a clue to the answer to my question? Perhaps best we close the thread and leave the issue to someone who does know.