For the group I have been involved with helping them get back their lost Spanish property deposit, there are a number that have lost their paperwork. Sometimes this is all the paperwork they had (and believe me I hear some stories on this one… more later!). In other cases it is certain key documents.
Now, paperwork is very important to the strength of a case. There is no doubt that the more paperwork that you have to support your case, the better the strength of your case will be. The main two documents being the purchase contract and the proof of payment. Any other documents are also good, such as plans and promotional material.
However, when these are no longer in the possession of the claimant, or certain documents are missing, the case is not lost for certain.
There are ways that these can be recovered, or at least copies of them that the Court will accept. Your solicitor can look to get these for your by way of being granted Power of Attorney. They can then represent you and approach those who might have copies on their files. Under Spanish Law there is a requirement that such documentation is handed over at the request of your solicitor (or you for that matter).
The places that these might be recovered from are the original conveyancing lawyer that you might have used for the purchase, or the Administrator if the builder has gone into administration (as many did), or even a past lawyer where you might have sent your papers for case assessment.
So all hope is not lost if you no longer have your papers, you could still be in a position to recover copies and make your claim. Its not over until its over!
Now for a few stories I promised about lost papers… someone was at Kings Cross train station in London and the papers were in their bag, then someone just ran up and stole their bag right in front of them! Another one is where there was an explosion at the property and the papers were destroyed in that. Others are not so spectacular and are simply a case of ‘lost’ and can’t find them. Often with people moving home these get lost in transit somehow (I am sure these are somewhere but clearly hiding very well).
Anyway, at least you know there is something else you can do rather than just throw away thousands of your money simply because you lost some key documents. Note that electronic copies can also be fine in case you did scan in your documentation at all.