HELP - what do I need to be prepaired?

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12 Feb 2010 12:00 AM by FHS Star rating. 27 posts Send private message

Hi

Please can any lawyer answer this for me and  many others like me in my situation.

My first hearning in the court for a litigation lawsuit for the return of deposit of E58,000 is due in May-2010. The property was completed nearly 12 months late in October-2009 by which time my circimstances had become unsuitable to complete. I am told LOFO has been obtained on the property.

My lawyers in Spain have told me I have a good case but then they dont know what the judge may decide or could even go with the developer and I could still loose, even though I did not break the contract, the builder did. I am also told that in that case it would be up to the builder to settle either 50-50 or he could sue me force to complete.

The developer could sue me in UK and force me to sell my property or the judge in Spain order my assets could be sold - how can all this happen? How can I protect my self agaist this happening even though the contract was breached by builder and not me. Please please can some kind lawyer answer this for me and tell me what can happen in the case where the Spanish judge could favour Spanish devloper and rule in his favour. I am told that the devloper is pleading "force majure".

I am so worried that I am depressed and have been an anti-depressants and am seeing psycholgist to help me realise that I have not committed a crime or even stolen this money and it is not my fault.

Please please what can I do or should be doing to wake up from this nightmare? I made a terrible mistake of accepting a free flight to Spain from the esate agent who conned & trapped me into buying and selling just before completion, which they knew was not going to happened.

I loved Spain but this horrible nightmare is making me bitter and an angry person. I had great admiration for Spain and the Spanish people because I related to them from my Arab-Muslim(Moorish) roots, and I dont want to become so that I never have anything to do with Spain.

PLEASE PLEASE HELP.





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14 Feb 2010 10:27 AM by EOS Team Star rating in In Spain of course!. 4015 posts Send private message

EOS Team´s avatar

Sorry to hear about your situation.  Send a private message to Maria de Castro (click here) and ask her to read your post.  Maybe she can advise you.

Best of luck.

Justin



_______________________

Schools in Spain Guide | The Expat Files | Learn Spanish | Earn a living in Spain




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15 Feb 2010 7:06 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

 FHS: I have just answered your private message



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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