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Failure of Abogados and Banks


Over the last few months and indeed years, there have been a number of scandals uncovered relating to properties created with illegal and/or incomplete planning permission. Many officials and professionals involved knew it was going on, but the legal processes to stop it took so long to be effective. That's the problem. 'Slow law is no law'.

If the first abogado/solicitor, who had been asked by a client to approve the purchase of a property developed under one of Marbella's Gil unauthorised PGOU's, had refused and said it didn't have planning permission, then it would all have stopped there. And why did the banks approve mortgages for these properties? In 2003, one of Scotland's banks refused funding for a large development in Marbella because their Sevilla based lawyer could not confirm that the property had full planning permission. If one bank and lawyer could act in this way, why did all the others not do so?

They are to blame for failing their clients, allowing them to buy 'in good faith' and enabling the whole corrupt process to function.

Campbell D Ferguson
F.R.I.C.S. Chartered Surveyor
Survey Spain
00 34 952 923 520

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