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José M.
José M., Attorney
Category: European Law
Satisfied Customers: 4859
Experience:  Spanish Attorney
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In January 2009 i contracted to buy an offplan apartment through

Customer Question

In January 2009 i contracted to buy an offplan apartment through Atlas Intenational, Builder Torrevisa SA in Los Altos Orijuela Costa The flat was supposed to be ready September 1999 but after selling up and getting ready to move was informed by Atlas that property would not be ready until 2010. In December having visited the site and noting that the property was not copmplete and advised that my wife was receiving chemotherapy in UK I ad vised that i was cancelling my intention of purchasing the property and asked for the return of 50% of my 34000 euro deposit as per the signed contract. THis was refused and they advised that they had until March 31 tp complete the build and that they demanded that i complete. The property was not completed until May and i was advised by lawyers in Spain that i had a good case fo the return of 17000 euros. Torrevisa then went bankrupt and I was forced to accept that I had lost my deposit and life savings. Recently i have received at least two missives from Sheriffs Officers in Scotland from Spain written in gobbledegook but pertaining to demand a further over 7000 euros for some form of bankruptcy proceedings involving Torrevisa. I have no intention of giving another cent over this matter and will never visit Spain again. PLease advise even the Sheriffs Officers are unsure who is ending these missives and what they are for.
Submitted: 1 year ago.
Category: European Law
Expert:  José M. replied 1 year ago.

Abogado3044 :

Hi

Abogado3044 :

I am an spanish attorney

Abogado3044 :

I am working on your answer right now

Abogado3044 :

please stand by

Abogado3044 :

Its a very hard case you got but you have a cance to fight to get your money back

Abogado3044 :

There are a lot of construction companies donw in Spain and the banks have got the propieties, finished or not

Abogado3044 :

Its very hard to get into the judicial procedure against the company but spanish law forces ( even when no bank did it ) the compañy and bank to endorse the amounts recibed

Abogado3044 :

I mean that the bank has to answer for your money ( Amount recibed for the company and the legal interest )

Abogado3044 :

Actually, as I said, no bank did it even when it is compulsory by law

Abogado3044 :

The law its 57/1968

Abogado3044 :

Now you know it I am going to advice you how to manage

Abogado3044 :

The bank knows he has to pay

Abogado3044 :

Once we know it, we can take 2 ways. ( And they know it also)

Abogado3044 :

The easy one its to gently ask for our money ( just the money given ) or the hard one, demanding in court the money and the interest and damages

Abogado3044 :

I think that knonwing that you can use now both ways and the hard one could be used later on, I will contract an attorney to demand your money out of court, and if denied in court

Abogado3044 :

In order to manage I am going to provide you a site of english attorneys specilist in the matter

Abogado3044 :

In short, you have a lot of chances to get your money

Abogado3044 :

I have clients in the same situation like you since 20 years ans it is now when they are getting their money

Abogado3044 :

I can no be contracted for you because the sites rules do not allow me to do so :(

Abogado3044 :

But, I recomend you, go ahead, and I am sure you got a big chance to get it ( may be not easy and neither in ashort time ) but fight for it

Abogado3044 :

I will be here if needed

Abogado3044 :

I gently ask you for a good rate of my answer, if you do not do it the site does not pay me Thank you

Abogado3044 :

CLAIM and responsibility the banks that granted a endorsement GENERAL and not one INDIVIDUAL to each buyer according to the law 57/1968, in the return the amounts delivered by buyers to the PROMOTOR.Como is known by the majority of the buyers of real estate in Spain and investors, the law 57/1968, of 27 July, regulating the perceptions of advance amounts in the construction and sale of housing, despite being a very short law, only 6 articles in force, represents a very important guarantee for any buyer who wants to buy a property on plane or under construction.According to this law the promoters of houses that get buyers money before starting construction or during the same shall ensure the refund of these amounts with more legal interest (according to modification after the management of the building law), through a contract of insurance or guarantee of bank or savings bank.Thus in the case not to start work on time or not to deliver them, the buyer who must be treated as a consumer might choose between the termination of the contract and the money back or the extension of the contract. Requesting the return of the promoter or delivered to the Bank or insurance which guaranteed it.In addition this law says in its article 7 that the rights afforded by this law to the assignees (buyers) will have the character of inalienable.In this scenario, there have been cases in which banks have refused to pay the collateral granted claiming that buyers money was not deposited in the special account that for this purpose the promoter must be open at the Bank, or claiming that the guarantee had a period of validity and after this had expired. Mostly the jurisprudence has confirmed that these circumstances that are unrelated to the buyer and not dependent on him, but the Bank and required by law promoter, can not suppose that buyer loses its guarantee and your money, so the judges and courts, have been condemning in these cases banks to return buyers their money.Also occurs in which banks passed for a promoter or a specific promotion, a collateral line, or even a general endorsement by a number, but they have not individual guarantees to each of the buyers for the money delivered.Thus, in these cases although the promoter has not delivered housing buyers, bank refuses to return the money, claiming that only the general guarantee or collateral line is not enough, and having no individual guarantee in its favour, the buyers may not require compliance, as they are not beneficiaries of any warranty.This is an attitude and response which we understand to be contrary to law, then the buyer? consumer is informed that there is a co-signer or collateral line approved, promoter even puts it in the contract, and buyer understands that your money is guaranteed, but the Bank does not comply with its obligation and does not carry out the individual guarantees, and alleges the lack of these to evade its responsibility.So as we have said for the previous cases (lack of deposit into the special account or expiration of the guarantee), we understand that in this case, should be to required liability to banks, by law 57/68 being an inalienable rights, also in contrary case law leave to banks and developers the ability to give guarantees so that in practice they may not chargerewarding his bad faith.Some court has ruled in the sense already pointed out, in judgment of the Court of first instance and Velez instruction nº 1, Malaga, September 1, 2010, this Court has understood that the Bank despite not having granted a guarantee individualized to the plaintiff, is responsible for the refund of money paid over the legal interest, while the fact that there was only a general and insufficient guarantee to cover the quantities delivered by the buyers must make disappear the obligation of the Bank and harm the rights of consumer purchasers.

Abogado3044 :

I gently ask you for a good rate of my answer, if you do not do it the site does not pay me Thank you

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