Notary Power

Hi everyone,

I have just received EOS newsletter and I can´t believe is being around for 5 years. Well done!! My idea of a birthday party for EOS is a barbacue or similar dinner party with loads of food and drinks. People invited can contribute by bringing food and drinks so it is not expensive for EOS team. I am so excited now. I can´t wait for July to come.

Any suggestions?

Ana

I would like to know what happens to any monies held by the Notary.  6th February 2008 When completing, At the Notary Office, the Builder an Atlas Translator and representative, My Husband & I were in attendance. It was explained by the Notary she would hold our final payment for the purchase of our apartment + a bank draft from the Builders Bank of the same value, until the Builder had completed the outstanding work ie. The Road, & connection to the services of our apartment and supply of Meters. In the office of the Notary we also handed over 900euro cash to the Builder which was to cover the cost of the service's instalation. We used the lawyer/solicitor recomended by Atlas International, who were most unhelpful & not contactable from the UK.

We are now fifteen months later and none of this work has been completed. How long can the Notary hold this fund before the work is done. The Spanish Legal system must have an answer, Are we able to take this up with the Notary?

What legal strength has a Notary, Can they action the held funds be used to complete the work needed to our Build.

So much bad press of the Legal representatives of Spain must strike a cord with the Spanish Government. Who do we go to for advice. Their are so many purchasers out there that need good advice on this type of problem. Is there a Goverment Run department helping people in our situation.

Dear DoeDoe:

I am answering and commenting below in bold green ( same text of your email):

I would like to know what happens to any monies held by the Notary.  6th February 2008 When completing, At the Notary Office, the Builder an Atlas Translator and representative, My Husband & I were in attendance. It was explained by the Notary she would hold our final payment for the purchase of our apartment + a bank draft from the Builders Bank of the same value, until the Builder had completed the outstanding work ie. The Road, & connection to the services of our apartment and supply of Meters. In the office of the Notary we also handed over 900euro cash to the Builder which was to cover the cost of the service's instalation. We used the lawyer/solicitor recomended by Atlas International, who were most unhelpful & not contactable from the UK.

We are now fifteen months later and none of this work has been completed. How long can the Notary hold this fund before the work is done. Till you request it with full legal grounds. The Spanish Legal system must have an answer, Are we able to take this up with the Notary?  Of course the Spanish legal system has an answer: you need to request the cancellation of the contract first and then the developer or the Judge will ask the Notary to release that money to you. The notary alone cannot decide on the matter.

What legal strength has a Notary, Can they action the held funds be used to complete the work needed to our Build. Notary have no disposition rights on that money. That would be a serious crime.

So much bad press of the Legal representatives of Spain must strike a cord with the Spanish Government. Who do we go to for advice.  Look for  an independent, proffessional lawyer. Their are so many purchasers out there that need good advice on this type of problem. Is there a Goverment Run department helping people in our situation.  There are lawyers paid by the government. If you can proce you have no incomes, they can act on your behalf for free.