Earlier this year the Spanish Police started an operation code named "White Whale". Its objective was to target what the Police believe to be large scale money laundering operations on the Costa del Sol. The Police raided the law offices of Fernando del Valle in Marbella arresting him and searching his office. They suspected that he had been acting for large scale money laundering rings. Any clients of this lawyer who had Spanish bank accounts in Spain had their bank accounts frozen. Any developers suspected of having developments financed by illegal money, or involved in money laundering operations also had their developments frozen by the Spanish Courts. These investigations are currently on going and so to date there has not been a judgement by the Spanish Courts as to the guilt of the parties involved.

The consequence of the Spanish Police´s actions is that some innocent British buyers of Spanish properties have been caught up by the affects of the Police´s investigations. Some through having instructed the Spanish law firm of del Valle have found that the lawyer suddenly stopped acting for them, and they had any bank accounts opened for them frozen. Others may have been in the process of buying a new property in a development that was under investigation by the Police, as is the position in your case.

In your particular situation you certainly should not be in a position where you are being bullied into completion. Your Spanish lawyers should have advised you clearly of your legal rights according to the purchase contract that they have advised you to sign. They should also as your lawyers advised you on your position in the context of the developer being accused of money laundering. From your letter it appears that this has not happened. As you can appreciate I cannot give you detailed advice as I have not seen all the documents and facts of your case. I can give you some general advice on the information you have provided.

If the development does not have the habitation license from the Council then the developer cannot compel you to complete on your purchase. Although if the developer has the habitation licence he can compel you to complete even if all the snags have not been dealt with. After completion your Spanish lawyer should assist you in having any defects in the property rectified by the developer. It is quite common for small defects to appear in a new development and for the developers to send workman to the property after it has been completed and rectify them.

I cannot make any comments about the estate agents you used or your lawyers behaviour, as I do not have all the facts, but I can say from my experience working as a lawyer in the south of Spain that the type of problem you have experienced is quite common. I will explain the ususal cause of the problems and how a buyer can take clear steps to avoid them.

British buyers too easily trust what they are told. A British buyer´s first contact when looking for a property in Spain is the estate agent. As in the UK there are good and not so good estate agents (the same applies to lawyers!). The one thing that a buyer should always bare in mind is the agents sole objective is to get you to sign a contract saying that you want to buy a property. Once you have done this they have guaranteed their commission. In Spain estate agents charge 5% to 10% commission from the seller so as you can appreciate why they want you to sign the contracts as soon as possible. They can be very persuasive and what the buyer must do is not believe everything they are told, but first get an independent Spanish law firm to undertake full legal checks on the contracts and property before they sign anything and before they hand over any money.

A common tactic by agents here in Spain is to say to buyers that they know good lawyers who can check everything for the buyer, or even that they have their own lawyers that can act for the buyer. Again as British buyers are very trusting they assume that because they are being recommended lawyers that these lawyers will be good. This is usually when the buyers problems start. If these lawyers are being recommended by the agents or the developer it will usually mean that the lawyers are being supplied with a large amount of clients by the agents, and so will have a conflict of interest. I have knowledge of law firms not carrying out thorough legal checks and fully informing clients in defects in the contract or property as they do not want the sale to fall through. Again in your case you are being bullied into completing, whereas instead your law firm should be advising you of your legal rights and trying to protect your interests. Often law firms who work closely with the agents or the developers have more interest in you signing and completing as they will continue to be supplied with many clients by the agents.

Another practise a buyer should be aware of is being taken to an office of a lawyer by the agents or the developers and that lawyer looking at the reservation contract or purchase contract and telling you everything is OK. This is a common practise by some agents to get buyers to sign these types of contracts and get the ber committed to a purchase. NEVER be pressurised into signing any contracts or handing over any money in these types of situations. Just ask them for the developer´s or vendor´s lawyers contact details and say you will get your own lawyer to check everything first.

The only way a British buyer can be sure that they are obtaining full independent advice is to instruct a firm of Spanish lawyers that is not recommended by the agents, or the developers, and has no connection with them. Unfortunately buyers tend to be so excited about their Spanish purchase that they do not spend time finding an independent law firm to protect their interests. This is understandable but it is worth the time, because if you are going to pay a lawyer you want to know he or she is going to do a good job and fully protect your interests.

The British Embassy in Spain has its own website for Spain full of useful information www.ukinspain.com for British people. If on the English version you click on "information leaflets" you will go through to a page with a long list. If you click on "lawyers in Spain" you will find a selection of English speaking Spanish law firms throughout Spain province by province. If you look at the province of Spain in which you are interested in buying a property in, then I suggest you contact several law firms from that area for details of their services. Always check that these lawyers are registered as lawyers with their local law society as it has been know for English buyers to unknowingly use non lawyers in their purchase! This way you will know that you have employed the services of an independent lawyer who should carry out all the necessary legal checks and fully advise you of your position.