Property deal fell through now solicitor asking for a lot of money

barricades

Hi there, I had a deal to buy an apartment. It was agreed off plan and unfortunately I've not been able to afford the final payment so I've lost my deposit and the developer cancelled the contract.

Now, despite not very much having to be done by the solicitor he's sent me a huge bill!

Does anyone know somewhere I can get a bit of free legal advice? There's a bit more to it than just the above but I don't want to go into details in a public forum.

I just want to know where I stand, can anyone help me out?

thanks

Gwhiz

Your solicitor will have had to do work so will be owed. The Q is how much.

Have you asked for a breakdown of costs?

SmlSave

Had you exchanged contracts?

hazyjo

Has he done all the work he's billing you for, or does it include work that has fallen through and not actually happened?

Let me guess... were you told you had to use that particular solicitor by the developers?

Did you ask how much the fees were, if it was a set amount, of if you'd be billed for things separately?

Jx

bris

The big question is have you exchanged contracts. If so then there will be no escape from a big bill. Ask your solicitor.

Gwhiz

bris wrote: »

The big question is have you exchanged contracts. If so then there will be no escape from a big bill. Ask your solicitor.

Even up to exchange there will be costs depending on how close to exchange they were.

barricades

Is there a way to make this thread private? I'd like to into more detail but not really on a public thread. Is it ok if I PM you guys?

hazyjo

A lot of info being asked is so that everyone reading the thread has the facts. To have to go through it with each and every person would be a bit pointless... you really need to speak with an independent solicitor if you want one to one advice.

Of course, there may be some on here who can offer further advice... I'll let them help you further.

Jx

barricades

Ok... more details it is then.

It's three apartments and they are in a development in Portugal. The Portuguese solicitor I'm using is one which was basically given to me by MRI (grrr) and they seem to have a very close working relationship with the developers. Any time I've talked to my solicitor they've 'just had another meeting with the developer about one thing or another'.

I'm not sure if we've exchanged contracts because I'm not entirely sure what that means. Basically about three years ago I sat in an office in Lisbon and signed an off plan agreement where I give them deposits on 3 apts. As far as I know we paid money to the solicitor for that part.

At the end of last year the apts were finnished and we were meant to give them the rest of the money. We tried to get finance but couldn't. Last week I finally got a letter from the developer saying:

"Subject: Promissory Contracts of Purchase and Sale of a Future Asset and of Lease for the purpose of tourist exploration under a suspensive condition signed on 17th August 2007...
You did not sign the public deed of sale and purchase on the date previously designated. So, [the developer] considers the referred promissory contreacts definitively non-fulfilled due to a cause exclusively imputable to you, on the terms of article 808 No1 of the portuguese civil code."

The amount of money they are asking for is the same as the amount I was expecting to pay them should the whole thing have gone through. As far as I'm aware their involvement since we signed the promissory agreements is a couple of phone calls.

I really appreciate everyones help with this.

maninthestreet

Portuguese property, Portuguese solicitor, Portuguese law......

martindow

Portugal - a rather vital bit of info missing from your original post!

The buying process is no doubt hugely different there. Maybe you would be better off posting this on the Potuguese section of an expats forum.