A recent judgement has been made in the professional negligence case of Adams v Atlas International Property Services Ltd which saw many individuals lose their homes which they had purchased during the Spanish property boom.
Purchasers in England had bought property in Spain after seeing adverts placed by English agents for the developer and who received the purchase price in instalments.
Following confirmation that the purchasers wanted to buy a property the agent arranged for Spanish lawyers to carry out the conveyancing. The property developers were unable to give clean title to the property, due to a bank charge, and subsequently became insolvent.
Final completion monies were paid at a completion meeting and keys to the property were given to the purchasers but no signed purchase deed was provided. The bank subsequently sought possession against the purchasers who did not have good title. The purchasers therefore claimed against the agents and Spanish lawyer alleging negligence, breach of fiduciary duty and conspiracy.
The court granted judgement against the agents for the purchase price as well as damages for distress, inconvenience and loss of amenity. As against the Spanish lawyer the court granted judgement for negligence and breach of fiduciary duty.
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