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How do I know that the lawyers representing me are inWe were introduced to them by the estate agents and told that they were independent. They are located in Puerto
banus -Martinez-Echevarria y Perez y Ferrero. Has anyone else used them?
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Rosegreen
Oh bugger please tell me you are joking here.
Just Dan
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The law firm you quoted is probably one of three or four of THE worse Law firms that you could have the misfortune of using. Hundreds of people can vouch for that .(if not thousands) All to their detriment. This message was last edited by Tish on 8/21/2008.
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Rosegreen
Please please take note of what Tish has posted as always she is giving you excellent information.
The nightmare started there for me. CHANGE SOLICITORS .DO NOT EVEN CONSIDER STAYING WHERE YOU ARE, 
Just Dan
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Tish and Just Dan
We have already paid then fees to execute the bank guarantee. Have we any chance of recouping that if we look elsewhere?
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Hi Rosegreen.
Well this may cause a problem if history repeats itself
Your better off asking a solicitor on this one and it should be case that the file can be transferred however getting that file from them may very well be a problem.
Put it this way I had to book a flight to visit their offices.Ask them what happened when the refused to give it me back 
I am sure they will remember me 
Just Dan
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Rosegreen, what development were you buying on?
(Later)
Rose green, I have just looked at your post on another thread. You say you have paid your lawyer 4,000euros to go to Court to execute your BG. You said this was half the estimated amount. Well, I'm shocked at how much you are paying them. We executed our BG for non-build apartment in 2005. We paid 650 euros to our lawyer. ( 8,ooo€ ? . Costs haven't risen that much!! )The developer told the Bank to appeal against the judgement which went in our favour.(They always do appeal) We won the appeal case and we were awarded our deposit +interest (approx4%) + all legal costs.
You should be telling your lawyer you want interest+ legal costs. If M-E were your lawyers when the purchase contract was signed then it is nothing short of a miracle that you have a BG.!!! This message was last edited by Tish on 8/22/2008.
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Tish,
M-E are the only lawyers we had any dealings with. I know now we were naive but we assumed they were on our side and handed over the money. In June we went to the notary and gave them power of attorney to act on our behalf to execute the bank guarantee/
mm
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Don't feel so bad about being "naieve". You probably did what we did....TRUSTED THE LAWYER!!  We have a Court case pending, due in October, where we are suing another "well respected" (not) Law firm. The lawyer who was successful in getting our money back was our 3rd lawyer!
What development is your off-plan property? Your lawyer has "close relationships" with several big developers. Hence sooooooooo many problems for people.
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Rosegreen
Trust me that in no way were you naive.
When their offices were in Marbella the were superb and they come across as very professional.
While both Tish and myself can give variuos information on costs and legals,you really do need to get some advice from an independent recommeded solicitor
The thought of this lot with power of attourney scares the crap out of me.
Were the selling agents M- R-I ?
Are you just going for late completion as your sole case ( This is important) as the courts are appearing to side with the developers and banks,
When did they execute the claim on the bank guarantee and I hope you are aware that many Banks are flatley refusing to pay and are saying to take them to court. This could take years I am afraid.
Now . Lets talk facts 
The solicotors that caused almost all of the problems are the ones which had no interest whatsover for their client and making a small fortune by turning a blind eye and other motives. 
Now the market has almost come to a stop and these lush offices and lifestyle needs to be maintained and many are now paying for that by using the very same solicitors that set them up in the first place and trust me this lot let me know what they thought of the stupid Bri-ts and what an easy touch they are.
Getting hit twice running up massive legal fees with liitle intention of gettting a result would hurt a great deal. DONT YOU AGREE?
DO YOU REALLY THINK THAT THEY WILL LOOK AFER YOU SECOND TIME AROUND
NOW DO NOTHING AND THAT WOULD BE NAIVE.
What development are you on and does it have all the legals/planning/habitation licence etc ( HAVE YOU SEEN THE BANK GUARANTEE THAT THEY ARE SUPPOSINGLY EXECUTING) As Tish says this would be amazing.
If you read my posts over the years you will always find that I am the optimist and try to put positives on many situations which I get lots of stick for.? 
This is one case that there is not a remote positive note I can offer and thats the first.
Just Dan
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Rosegreen says in a previous post that there is no habitation licence. The Judge will say"It's not the developers fault" I certainly would not be parting with 8,000 euros if no LFO is the only reason not to complete, knowing what I know now from many other peoples recent cases. They really do need to consult another Law firm. ASAP. Most Lawyers do not charge for an initial consultation. Even if they do, in this case it would be worth every penny...or euro.
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Well Tish
We have been there and have worn the T.Shirts and hopefully on this matter we just may save Rosegreen lots of more heartache/financial loss and if we do this then I know both you and I will thinks its all worth the effort..
Regards
Just Dan
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Well, we're not wrong on this one.
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Hi everyone
Please excuse this question. A very nice person told me to find this web site.
I've been trawling through threads this morning and can't quite find an answer to what I am looking for. I know it will be somewhere but I can't find it. So apologies for my question.
We paid our first deposit last April. We thought that we had 18 months from that date to completion. We were told that all licences were in place. We do have a bank guarantee.
I know now that it will be 18 months from the date of the granting of the build licence. However I have been informed that the build licence has not even been applied for yet. The Resort has up to now been blaming the Town Hall.
Could we implement our bank guarantee as there is no way our property will be completed in the 18 months from first deposit.
I feel we have been mis sold.
Thank you for any help
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Hi Whittle
What will probably happen now is that the developers will blame the Town Hall and the Town Hall will sit on their fat ass looking to make some money out of someone.
The banks will sit and say it not their responsiblity and they cant be held to account .
The courts will probably agree that you are expecting to much and award any claim in favour of the Developers/Banks and you pick up the legals .THATS REALITY
Now what the law is.
You paid your deposit,you have a vaild bank guarantee and an agreement that should protect you 100%.
Now if the developments licence/planning is refused then you will get paid back however they may make you sweat first with courts and appeals.
However its going to be a case of finding a very good solictor that refuses to let the system be abused,running up legal bills and has your interest at heart.
They will need to look at YOUR contract and see what is in it relating to YOUR case as a one fits all may not be the answer here.
While so much is corrupt there are good lawyers and judges who dispise the way the legal profession is at times made to look such a farce
Wish you well
Just Dan
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Hi Whittle,
You will need to have your Purchase Contract checked out thoroughly to establish whether the completion date is clearly stated.
If, for instance it states "Completion" will be 18 months from signing the Contract then you would need to wait until the Contracted Completion date as passed before you could make a claim against your Guarantee. Also, there is normally a clause in most Contracts that a allows for an extension of around 3 months subject to the production of an architects certificate stating valid reasons for the delay.
If you are correct that the Building Licence hasn't been issued yet then the most you should have paid to date is a Reservation Deposit and if this is the case then I'd suggest that you request a refund immediately? If you have signed a "legal Contract" without a Builder's Licence in place and you have paid a larger deposit then I would have thought it was an ilegal transaction and your solicitor should advise you on this matter urgently? This message was last edited by miket on 10/11/2008.
_______________________
Mike T
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Whittle:
Banks Guarantees are also executable if the property is not STARTED on time. So, you might have a case for refuind through Bank Guarantee execution. Agree with Just Dan that it is essntial for you to use a good independent lawyer, with good expertise in these matters, as many Banks are refusing to honour these Guarantees as Law states.
Best wishes,
Maria
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Maria wrote: as many Banks are refusing to honour these Guarantees as Law states.
I know of several cases where the Judges are also backing the Banks decision not to pay out on a BG even when Law dictates it should . These cases are bought before the Courts by excellent litigation Lawyers. It is shameful.
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Can you tell me what is the executive judicial procedure please?
And what are the ramifications of there being no completion date in a contract?
(There was only the license to build dates, which commenced August 2004 and expired August 2006, although the development is now completed - August 2008. )
We initiated proceedings July 2008 to cancel the contract, having been put off been put off by the estate agents from doing it earlier as they said that we didn't have a hope and would just loose all of our deposit.
And now the solicitor, having been confident of our case, now seems keen for us to accept a deal which will, at best, still see us loose an awful lot of money.
It feels like being in a boxing ring with your hands tied behind your back!
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