bluebell

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We've just come back from the Costa Tropical area of Spain where we've bought a small house. We have done everything right, went through an estate agent, we thought we could trust. Used a Spanish solicitor, paid everything promptly and fully. We had some work done on house and at end of January our water was cut-off. The water board said it was because we hadn't set up a direct debit, so we asked our solicitor to get this done (we previously asked for this back in July).

We have now found out the previous owner was getting his water illegally for 8 years and we are now being told, we have to foot the bill.

Has anyone had similar problems or know where we stand on this.

Beachcomber

Your lawyer, as part of his conveyancing work, should have asked for copies of the most recent bill for each of the services prior to your purchase when this problem would have come to light. This is basic stuff for which there is aboslutely no excuse. Go back to him and tell him you hold him responsible for this.

I'm afraid you will have to take 'send the boys round' type action because you will get absolutely no help whatsoever from his professional body if you try to make a complaint about him.

If he is unwilling to help your best bet is to keep going to his office and making a fuss, in the presence of other clients if possible, and make sure that everyone knows who he is and the predicament he has left you in.

bluebell

Thanks Beachcomber for your advice. I think we realised we'd get no help from another lawyer. I'm going to try & get the bill for the water, at least reduced, because it's a lot of money on top of what we've already paid for the house and lawyer's fees.

It seems so wrong that you cannot take action against a professional who has basically not done his job properly.

If we get nowhere, we'll keep phoning & pestering the office.

Beachcomber

Bluebell, I'm not sure if you could get any help from the Defensor del Pueblo (Ombudsman). It may depend upon whether your local water supply is administered by the Town Hall or a private company.

This is the English version of the web site. It may be worth a look:

http://www.defensordelpueblo.es/web_ingles/Index.asp

svenskidoo

Bluebell,

This might hinge on whether a charge/lien existed on your property when you bought it, or if the water company decided to come up with a balance after the fact .

Some of this is general information, as I've been looking at possible avenues for several people on this board.

There is a precedent in Spanish case law that says it would be irresponsible for the buyer (not agents etc) not to examine the Registry (Registro de Propiedad) or not request an official copy of the record for the property they were thinking about buying. This puts the burden on the buyer but doesn't exempt agents, solicitors etc from other negligence.

You could contact the Oficina Municipal de Informacion al Consumidor (OMIC) or the Direccion General de Consumo in your region and file a petition. You can do this if you feel your solicitor let you down or if you feel the water supplier is acting unfairly.

OMIC will make a decision and put pressure on the companies involved if they rule there has been a breach of law , or, contractual procedures. This method won't "put right" any damages or losses you may have suffered but if they rule in your favour, action will be taken against the other party - fines etc.

Another option is to go to a Junta Arbitral de Consumo, these are in some councils, and certainly on a provincial and regional level. These are free, and have a resolution time of 4 months but *both* parties have to agree to arbitration. Once a ruling is made it is binding.

For complex cases look for "servicios de orientacion juridicia" in your area. These are usually free services that will study all the facts of your problem, advise you on what avenues to take and what the possibilities of a positive outcome are.

Finally there is a "small claims" process for claims of less than (was) 900 Euros. These claims don't require intervention of lawyers and rely on a judges decision.

Remember when starting any process you must have a case put together with supporting documentation, what the problem is, what you are seeking etc.

bluebell

Thanks Svenskidoo & Beachcomber for your replies & advice.

We are still trying to sort out this issue & no-one official
seems to want to help.

Still we will keep battling on & will look into your suggestions
further.

svenskidoo

Bluebell,

I now have a standard letter you can use.

If you have contact details for the water company - name, address, etc, an account number if poss., and something in writing about your supply being cut off - or you have the name and date of whoever told you no more water, then pm me and I will pm you back the letter with a brief translation.

bluebell

Hi Sven, I'm sorry I have'nt answered sooner but have been really ill with some kind of flu virus.

Thanks for your offer of help with the letter etc. but we've managed to get a reduction on the price of getting our water connected at house, so we're going to leave it at that now as it's not worth pursueing any further.

Cheers for now, Bluebell

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Mercedes

I know a Real Estate Agent who when a client wouldn't pay commission, went there everyday and made a fuss. In the end the solicitor begged the purchaser to pay it to keep her away. Go in everyday and make a fuss, moan and groan to all and sundry each day.......more effective as they won't like it, even if they foot the bill. Oh take some sandwiches and a flask with you and a good book If their clients are mostly foreign they won't like to loose business.

Spanishliferules

One of the very first things I was told of buying property in Spain was: - The property/land holds any debit that might exists, so if you buy without checking this yourself you will indirectly inherit this. I am sorry but don't blame anyone else, laws governing property sales are different world over, today with all this technology you can only blame one person.

We all make mistakes; we all blame others lets all start looking in the mirror from time to time.

I make more than most.

Beachcomber

I think the point is that if you keep a dog you don't expect to have to bark yourself.

The problem should have been spotted by the lawyer bluebell appointed to act for him/her and to whom, presumably, good money was paid for doing so.

The Spanish 'legal profession' is not only an oxymoron it is also a complete and utter joke. It is only once you have had dealings with one of these lazy, money-grabbing wastrels that you realise what a bunch of uninformed, know-nothing tossers they all are.

mitzipurr

Hear Hear to that statement Beachcomber. If they do make a c--k up try and hold them responsible. Impossible they are a law unto themselves

bluebell

Thanks Beachcomber for your comments regarding us assuming that paying good money to our solicitor and getting absolute confirmation from him that all debts were paid to date on our house, that we had done our best to ensure that we wouldn't come across what we did with the water.

I was a little upset by those comments saying this was my fault. As it happens I didn't actually blame anyone else, just asked for advice & I'd like to thank yourself and all the other people who have supported me on this.

Mercedes

When I brought my house I was lucky that I had a good lawyer recommended by a friend. But I heard many expats individually say good things about the firm, and luckily I had no problems with the purchase nor since. Thankfully my water is from a well and the only iritations have probably been from neighbours. My lawyer set up all my direct debits for me and my bank was also very helpful (Solbank).

Is your water bill very high? If the previous owner is still in the area maybe they could just add it back onto his and cut his new property off instead....just a thought.