A general question for AUAN

[Maura_Hillen]

I assume you are referring to our 10 demands for change published on our web page of which item 7 refers to estate agents.

There have been some legislative changes which have improved the standards on can expect of an estate agent. See Derecto 218/2005 or Decree 218 introduced in 2006 which specifies the documentation that must be provided to the prospective purchaser. Legitimate estate agents are also asking for a 'certificado de no expediente' on houses for sale in the Almanzora Valley to offer an additional level of protection to prospective buyers.  However, there is room for further improvement in our view.

With repect to lawyers we agree with your assessment. Regarding campaigning for changes in the Colegio of Abogados.... It is on our to do list under item 3 (Responsibility). However with the level of support and practical assistance we currently enjoy I think we will do well to achieve progress on the more pressing matters such as access to services, legal actions and the lack of paperwork.

There is also the unfortunate fact that many people continue to engage lawyers who are well know in this locality for their involvement in the sale of illegal houses. This weakens any argument that one may wish to make about the level of the lawyers culpability vs. the innocence of the homeowner and will no doubt form part of some lawyers defence strategy in times to come.

[Saffi]

I know there were a lot of rogues in the past amongst Agents but many of those are long gone now......I just wondered what the rationale is behind AUAN saying they want a change in legislation for Estate Agents when it seems to me that most people, myself included, would expect a solicitor to do their job properly and thoroughly  not be in cahoots with family, neighbours etc...and that it is the legal profession who need to be held accountable thus ensuring they only ever put their (paying) clients interests first?  

A large part of the problem is that solicitors are like a club and they never want to take action against each other leaving us disempowered, surely it would be better to campaign for the Colegio de Abogados for each province to have a dedicated department or solicitor who would receive and act upon all complaints against solicitors?  In this way the check and balance on any purchase would be where it should be - if any foreign buyer does not consult with a solicitor then it is down to them.....but I would never expect an Agent to be as legally savvy as a qualified solicitor/conveyancer.  Also most good Agents these days check and double check paperwork before taking a property on so to target them seems counter productive, as the end of the line is surely the qualified legal professional?