IF BUYERS HOUSING PLOTS AND GETTING FADESA MARTINSA RECEIVABLE AND THAT FAIL TO COLLECT OR ONLY HALF. Reviewed by Momizat on .   The following article I want to answer the following questions and issues that have lived on my experience with the various court proceedings as counsel homeb   The following article I want to answer the following questions and issues that have lived on my experience with the various court proceedings as counsel homeb Rating: 0
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IF BUYERS HOUSING PLOTS AND GETTING FADESA MARTINSA RECEIVABLE AND THAT FAIL TO COLLECT OR ONLY HALF.

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The following article I want to answer the following questions and issues that have lived on my experience with the various court proceedings as counsel homebuyers and Martinsa Fadesa plots in which I participated:

- Why some buyers of houses and plots of Martinsa Fadesa charged and others not?
– Why do some buyers get all the money back with interest since they made their advances and others only from bringing the lawsuit, and others only recover the money invested?

First consider that most buyers were met with a great deal of confusion when the terrible event occurred that Martinsa Fadesa went into bankruptcy. No one gave specific information on how you should proceed. In the press information was contradictory, items that appeared on the Internet, even published by attorneys or platforms promoted by lawyers, does not clarify much. Most of the lawyers were completely unaware of how this world of collateral, the bankruptcy proceedings, bankruptcy credit, credit against the estate …. And last but not least, ADICAE, the consumer association that sought to capitalize on this process, nor was a clear and was very slow in its decisions and recommendations, not always successful.

Lots of people have contacted me after being in contact with persons and agents referred to above. The experiences were the most colorful, urged wrong procedures, judgments won a manner prejudicial to their interests, judgments, losses, claims without filing for indecision or backlog of mails … But there were different situations: customers only the money they earned who had advanced, while others did not recover anything other earned the advance with interest from bringing the action and other payments made since.
I wondered why this happened. Following an analysis reached the following conclusions:

- Many attorneys were not familiar with bankruptcy proceedings, nor the legal peculiarities of the sale of homes.
– Other lawyers were trained in other areas but did not reject orders customers and increase their income to their offices.
– But the most terrible is that buyers did not know who to go and who to ask for legal advice. For more than biggest question was confusing.

I’m putting well documented examples of clients that I came from other firms and consumers associations:

- Many buyers of plots in San Mateo de Gallego got to settle their contracts with refund of money invested, but interest only from bringing the lawsuit. To have achieved that interest had won since the payments were allegedly obtained an amount over € 10,000 each. What was the reason? I had won several similar cases before the same court, with the result of charging interest from the payments that were made, ie the result of having won more than $ 10,000 each. Comparing the claims made by other payments I noticed that the first claims were not adequately informed its legal reasoning based on relevant articles of law and no law had contributed to better support your request. The courts are very busy times and if lawyers do not make it easy, we harm our customers.
– I have received a case that had raised a demand for resolution of contract for failure to occur before the contest with the pernicious effect that, despite winning the trial, could not immediately collect but would all as a result of the agreement was approved at the time, which could result in take off and wait. Insane strategy that has produced that homebuyers are moments of anguish from a strategic mistake that even winning the client, it does not charge, and that of copper, copper later that still has not won.
– I are reaching customers who do not know what to do. She asks me to negotiate with Martinsa Fadesa to pay them anything, content to collect half because all the advice received so far indicated that they may not charge ever. It really saddened by the lack of professionalism of some colleagues.

All this surprised me. My experience with claims against Martinsa Fadesa has always been successful. I understand that the key has been to be an expert in bankruptcy law and devote the necessary time required for each case. We can not, as lawyers, take everything from us, but we can deal with exquisite professionalism. We need to say no – because they do not have time or because they are not familiar with this field. Our customers often have all their life savings or have debt forever, and deserve the best deal for their money back or cancel their loans.

Thank you very much to all who have read this article and would appreciate any comments.

Maria Jesus Ruiz de Arriaga Remírez

Law Degree in Business Administration, Research and Market Techniques and Labour Sciences and candidate doctor.  He  has 7 port-graduated  in the top business schools such as IESE University of Navarra, ESIC, University of Zaragoza, EEN, and so on.

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