| The Comments |
A final comment from someone not in the legal industry.
I can see you are all defending yourselves, as I would expect from scrupulous lawyers who feel offended by comments made. I hope you can now all kiss and make up.
I think what is more important on this thread, which seems to have been forgotten, is the role of a lawyer with respect to who they represent. Most of the people who have sufferred at the hands of crooked agents and developers, have done so because their lawyers were also representing the agents.
This is the one key piece of information that the client should establish. If you are not representing agents then I would hope we could trust any of you to do a thorough job on our behalf. This information has been less than transparent in the past (maybe through our ignorance, and not understanding the right questions to ask).
_______________________
0
Like
|
_______________________
Antonio Flores
Abogado/Lawyer Reg nº4712 (Malaga Bar Association)
...
0
Like
|
GRAN PERDIDA ES AL LETRADO EL TIEMPO MAL GASTADO.....................
0
Like
|
Fassulas, well said! And, personally, in my humble opinion, there is only one lawyer that hasn't indulged herself.
0
Like
|
Antonio you are like Delboy  , he always has an ace up his sleeve but I think is time for make it up to Maria. You are not in Court so you don't have to demonstrate your innocence.
It is not difficult, just forget everything. That's that.
_______________________
www.fljordan.com
0
Like
|
Love that! "Delboy"!! Great analogy!! And so much more so, because Delboy's "aces" were always non-starters!!
More respect, people, as Maria has already stated! And that's not only for each other, but for forum members too!!
0
Like
|
delboy, lol :)
"he who dares wins!"
i hope the matter is now settled.
at least it's been a good laugh! :) thanks justin for these wonderful forums!
0
Like
|
Please - back to the nature of the thread - Bank Guarantees. It very much looks like the execution of my bank guarantee will result in having to go to litigation.
'Make sure you have a bank guarantee' - why is stands for nothing
'It is a legal document ' insurance companies and banks ignore the fact
'litigation' Please send more money and expect a minimum 18 month wait and possible appeal.
I would love to name developer estate agent and insurance company but you can PM me.
I should have listened to my grandmothers words - only rely on yourself.
0
Like
|
Antonio:
Again... why do not we meet and chat and laugh and come to an agreement for the future. It will be a pleasure.
Best wishes,
Maria
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
0
Like
|
forseys plea to go back to the nature of the thread seems to have been ignored by the Legal Eagles, I, and i presume many others who have been following this, would be interested in comments from the professionals on the 3 points made by forsey below, 3 points which seem to sum up the Bank Guarantee fiasco.
Kel
'Make sure you have a bank guarantee' - why is stands for nothing
'It is a legal document ' insurance companies and banks ignore the fact
'litigation' Please send more money and expect a minimum 18 month wait and possible appeal.
0
Like
|
Kelju:
What are the specific questions? I cannot understand.
Best,
Maria
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
0
Like
|
chris.c
I've received a load of PMs asking whether Antonio is linked to Trotters' Independent Traders. I don't think so but I recall once when Del came to Spain..... You never know
_______________________
www.fljordan.com
0
Like
|
Hello Maria, I will be happy to meet up and discuss.
Regards
_______________________
Antonio Flores
Abogado/Lawyer Reg nº4712 (Malaga Bar Association)
...
0
Like
|
Hi
Yep. Bank Guarantees.
Now I have heard people winning the few cases regarding Bank Guarantees however have never witnessed anyone getting paid.
So . Lawyers  NOW YER ALL BEST OF BUDDIES .  Lets see if you can now agree on questions
1 WHAT REALLY IS OUR CHANCES OF GETTING PAID ON A VALID CLAIM.
2 The Banks would indeed fail if they had to start paying as they will like many Banks be in enough trouble as it is.
3 Do you point out that winning in court dosent mean getting paid ever.
4 What percentage of solicitors are taking our money in the knowledge that we havent got a hope in hell of winning.
AS WE SEE AROUND THE WORLD "THERE IS NO CASH AVAILABLE" HAVE WE LOST OUR MONEY ALREADY AND DONT REALISE IT YET.
This message was last edited by Just Dan on 9/26/2008.
0
Like
|
Hi Maria,
1. 'Make sure you have a bank guarantee' - why is stands for nothing
The advice is to make sure that you get a Bank Guarantee to protect the purchaser, forseys asks why? when the Bank Guarantee appears to be worthless.
2. 'It is a legal document ' insurance companies and banks ignore the fact
We are told that the Bank Guarantee is a legal document that protects the purchaser, yet when the Bank Guarantee is exercised the Banks and Insurance companies do not honour it.
3. 'litigation' Please send more money and expect a minimum 18 month wait and possible appeal.
Lawyers tell us that the Bank or Insurance company will not honour the Bank Guarantee, then ask for more money to take the case to litigation which can take 18 months to complete.
Hope this clarifies the questions from forseys
Kel
0
Like
|
Dear Kelju:
I am commenting below in bold green:
Hi Maria,
1. 'Make sure you have a bank guarantee' - why is stands for nothing
The advice is to make sure that you get a Bank Guarantee to protect the purchaser, forseys asks why? when the Bank Guarantee appears to be worthless. Bank Guarantees are not worthless, they are very useful. It is true that some banks are not honouring it volutarily lately these days, but Judges are imposing Bank to pay back funds plus interests... plus legal costs to the stubborns.
2. 'It is a legal document ' insurance companies and banks ignore the fact
We are told that the Bank Guarantee is a legal document that protects the purchaser, yet when the Bank Guarantee is exercised the Banks and Insurance companies do not honour it. It si true, but, as said in answer below, the Judge have the last word. And executive judicial procedures for the enforcing of those Guarantees are summary and inmediate.
3. 'litigation' Please send more money and expect a minimum 18 month wait and possible appeal.
Lawyers tell us that the Bank or Insurance company will not honour the Bank Guarantee, then ask for more money to take the case to litigation which can take 18 months to complete.
Several ideas:
Executive actions ( which are used in these cases) are generally faster than this ( they take 4 to 6 months I would say , on average).
It is true that is is always tedious to go through a judicial action... but that is the only way ahead..
There is no other reason for Bank or Insurers to not honour these Guarantees than the situation of the Real Estate market ( as they need to ask that guaranteed money back from developers).
It is a gaining time tactic.
They play to see if you throw the towel.
Hope this clarifies the questions from forseys
Kel
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
0
Like
|
Thanks for clarifying these points Maria, I am sure that we will all be better informed and have more faith in the legal system from this.
What is your opinion of the Spanish central bank saying that it was not aware of individual banks not honouring the Bank Guarantee and making the point that they should be executed and acted on immediately if the reasons are legitimate?
Kel
0
Like
|
Hi All
18 Months to take litigation action 
Well I am 4 years into it with a date yet to be fixed for next year
I know of numerous others with one winning around 6 months ago and the Banks appealed including an embarge pending the outcome.
When her case is coming to court again is any ones guess.
Now I think I am right that she is now taking the case much further up the line.
Now as we know the Spanish are not the most efficient when its comes to moving their arses at time in particular the South.
Now with cases coming to courts at many times faster than they are getting sorted and then going to appeal I sort of put 2 and 2 together and pretty well think it makes 4
Banks going back to developers will in many cases be impossible and they are falling like flies.
WHO IS GOING TO BAIL OUT THE BANKS IF THEY DO HAVE TO START PAYING OUT BIG STYLE ON AND ASSET THAT IS DEPRECIATING
THATS THE ONE THING THEY DIDNT TAKE INTO ACCOUNT AS THEY TO WERE CONSUMED IN GREED AND THOUGHT PRICES WOULD CONTINUE TO RISE
Just Dan
0
Like
|
Bank of Spain should be more coercitive on Banks, in my opinion.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
0
Like
|
Dear Kelju, please have a "watchful" faith in the legal system. According to advice given by different lawyers in this forum, the only bank garantee that can't be refused if the one that states something called "a primer requerimiento", however, when the bank garantee is presented to lawyers, they do not even explain this to the client, they just say that there is a bank garantee. I believe that if lawyers adviced client not to accept any other type of bank garantee, developpers would have to change them if they wanted to sell. Also, developpers present to clients their standard contracts (probably drafted by their own solicitors) and lawyers do not advice clients on the suitability of any of the clauses in that contract, they send it to clients to be signed. We clients think that someone looking after own interest has read it and found it correct and (also lacking familiarity with the legal jargon) we sign it, without realising that it is for the benefit of the developper. Not sure why this is, but if one more person tells me that there is not a conflict of interest I will be sick all over my posting!
0
Like
|