# Feeling ripped off by my lawyer



## Engadvisor (Jun 16, 2018)

Hi I thought I'd found the perfect Quad Villa in Playa Flamenca. My offer was accepted and I paid 500 euro using my Master card. When I got home I was unsure which lawyer to use so chose a lawyer I'd heard deliver a presentation at The Place in the Sun Exhibition in London even though he wanted 1,000 euro up front. He also advised me to transfer the remaining deposit of 2,500 euro I owed to his account rather than to the Agent to be held for the vendor. However, he is now claiming that I have only paid a deposit of 500 euro and the 2,500 is for his a/c not for the vendor! He is not answering my phone calls or replying to my emails. I'd like to change my lawyer but 3,500 euro is a lot to lose.

I'd appreciate any advice or suggestions. Thanks.


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## baldilocks (Mar 7, 2010)

Engadvisor said:


> Hi I thought I'd found the perfect Quad Villa in Playa Flamenca. My offer was accepted and I paid 500 euro using my Master card. When I got home I was unsure which lawyer to use so chose a lawyer I'd heard deliver a presentation at The Place in the Sun Exhibition in London even though he wanted 1,000 euro up front. He also advised me to transfer the remaining deposit of 2,500 euro I owed to his account rather than to the Agent to be held for the vendor. However, he is now claiming that I have only paid a deposit of 500 euro and the 2,500 is for his a/c not for the vendor! He is not answering my phone calls or replying to my emails. I'd like to change my lawyer but 3,500 euro is a lot to lose.
> 
> I'd appreciate any advice or suggestions. Thanks.


You don't say whether this is a British or Spanish lawyer. Do you have any documentary evidence of what you have said?


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## Engadvisor (Jun 16, 2018)

baldilocks said:


> You don't say whether this is a British or Spanish lawyer. Do you have any documentary evidence of what you have said?


Hi Baldilocks Thanks for your reply. He is practicing in Spain but also qualified in the UK and he's bilingual. I sent an email to the Agent to let them know my lawyer had advised me to send extra 2,500 euro to his a/c to be held for the vendor but unfortunately he didn't reply. I don't know if that makes a difference?

Thanks again for your help.


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## Pesky Wesky (May 10, 2009)

Engadvisor said:


> Hi Baldilocks Thanks for your reply. He is practicing in Spain but also qualified in the UK and he's bilingual. I sent an email to the Agent to let them know my lawyer had advised me to send extra 2,500 euro to his a/c to be held for the vendor but unfortunately he didn't reply. I don't know if that makes a difference?
> 
> Thanks again for your help.


As I am sure you understand that doesn't prove that you paid anything to anybody. Did you pay cash with no trail of transferring this money and no receipt?


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## Megsmum (Sep 9, 2012)

Did you sign any documents or contracts stating where the money was going ?


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## expat16 (Jun 11, 2016)

Sorry to hear about what this lawyer is putting you through..it's a lot of money, perhaps you can file a complaint here if he is indeed qualified in UK: Complaining about a solicitor - The Law Society

There might be a similar form for Spain.

I would also report him to the organisers of the exhibition as he might be running a scam?


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## baldilocks (Mar 7, 2010)

Your best port of call, assuming that this occurred in Spain is the complaint form system - ask him for one - he is required, by law, to have one - which you submit to OMIC (usually based at the Provincial capital.)


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## Engadvisor (Jun 16, 2018)

Pesky Wesky said:


> As I am sure you understand that doesn't prove that you paid anything to anybody. Did you pay cash with no trail of transferring this money and no receipt?


Hi Pesky Thanks for your reply. I paid through a Currency Exchange so there is a trail that I have paid the money. It also appears on their a/c but there's no record to say that 2,500 euro was held for the vendor and this lawyer is now asking for another 9,000 euro as a deposit for the vendor. It should only be 7,000. They also want me to sign a Power of Attorney I know that's the best way to buy a property in Spain as I'm resident in the UK I just don't trust this lawyer any more I'd like to change my lawyer as their always out of the office when I phone and never phone me back or answer my emails. I'm just concerned that if I do so I won't get any of this money back and will probably lose the house anyway.


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## Engadvisor (Jun 16, 2018)

baldilocks said:


> Your best port of call, assuming that this occurred in Spain is the complaint form system - ask him for one - he is required, by law, to have one - which you submit to OMIC (usually based at the Provincial capital.)[/QU
> Hi Baldilocks Thanks for the information. I'll certainly ask for the complaint form if I get to speak to him. It might even get him to react if he is just incompetent.


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## Engadvisor (Jun 16, 2018)

expat16 said:


> Sorry to hear about what this lawyer is putting you through..it's a lot of money, perhaps you can file a complaint here if he is indeed qualified in UK: Complaining about a solicitor - The Law Society
> 
> There might be a similar form for Spain.
> 
> I would also report him to the organisers of the exhibition as he might be running a scam?


Thanks Expat16 I think he is qualified in UK as well he speaks perfect English with no accent. I only speak very basic Spanish. I was thinking I should report him to Place in the Sun exhibition as well. If only so that they don't use him again.


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## Engadvisor (Jun 16, 2018)

Megsmum said:


> Did you sign any documents or contracts stating where the money was going ?


Thanks Megsmum I signed a Form when I was in the Agents in Spain but there is only an email in which I've stated that the 2,500 was being held for the vendor.

P.S. I used to have a Collie she passed away at 14 y.o. very sadly and now have a Dachshund so I'd echo your comment (but also for dachshunds)


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## kaipa (Aug 3, 2013)

It sounds very strange. Are you sure about everything? I had to pay my lawyer about 8.000 to cover all the costs then once everything was paid I got a refund on the costs. I paid a deposit to secure the property and half the legal costs up front. You might be confused.. If also you have sent emails suggesting they are acting inappropriately then they probably won't respond


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## kaipa (Aug 3, 2013)

The more I read your post the more I think that this is a communication problem. Given that you have written on this forum it sounds like you have already aired your grievances with the lawyer which might explain them not responding. Don't start talking about denuncias you are just going to make it harder to get anywhere. If you have given your lawyer money in the region of 3.500 then you must have some kind of acknowledgment. If you have paid upfront then the property is yours once you have been to the notaries. If you aren't going to come to Spain for the formal legalities you will need to give the lawyer POA. There is nothing sinister about that. However if you have maybe decided you don't want to go ahead with the deal you can't try and wriggle out of it by accusing your lawyer of malpractice. If you do withdrew the you will I a afraid forfeit the money


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## kaipa (Aug 3, 2013)

Sorry but to give an example of how people can get things wrong. Some Brits I knew told me the same thing that their lawyer was unprofessional and not to be trusted. They cited the fact that the lawyer never answered the phone when they rang. It didn't take long to discover that they would always ring from the uk either at about 10 in the morning of sometime early afternoon. The explanation was of course simple for someone aware of Spanish working days and small offices. 10 = 11 in Spain which is almuerzo ( late breakfast) early afternoon UK = lunch/ siesta Spain. Hence the reason there was no reply.


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