Legal tip 1295. NEW! WON CASE against Caja Rural Central for PROMOCIONES EUROHOUSE buyer on Residencial Los Balcones del Valle
Thursday, April 30, 2015 @ 12:22 PM
WON CASE AGAINST CAJA RURAL CENTRAL FOR PROMOCIONES EUROHOUSE BUYER ON RESIDENCIAL LOS BALCONES DEL VALLE
We were pleased to notify one of our clients today that we had won their case against Caja Rural Central. The client did not receive an individual Guarantee from the developer, Promociones Eurohouse or from the Bank to which his off-plan deposit was paid, Caja Rural Central.
Re: YOUR CASE AGAINST CAJA RURAL CENTRAL, SOCIEDAD COOPERATIVA DE CREDITO
Please find attached Sentence number XX/2015 from the First Instance Court No.3 in Orihuela.
Your case against CAJA RURAL CENTRAL has been won.
The final paragraph of the First Instance Sentence delivered on 23 April 2015 and notified on 28 April 2015 states:
“I estimate the Lawsuit filed on behalf of MR xxxxx xxxxxxx xxxxxxx against the bank CAJA RURAL CENTRAL SOCIEDAD COOPERATIVA DE CREDITO, and must condemn the defendant to pay the plaintiff the amount of 26,567.34€ plus legal interest from the date of payment of the amounts to the Bank until the date of this resolution, after that will accrue penalty interest according to Art. 576 of the LEC, without an express order of costs”
So CAJA RURAL is liable to refund the amount of 26,567.34€ plus legal interest from the date the payment was made to the Promociones Eurohouse account at CAJA RURAL until the date of the Sentence. Penalty interest will accrue from the date of the Court Sentence until full payment to the Court.
The Judge states that due to serious doubts of concurrent law, given the existence of contradictory jurisprudence from the Supreme Court dated 5 February 2013 and 20 January 2015 relating to the interpretation of LEY 57/1968, costs were not imposed on any one party. Therefore each party will bear its own legal costs and any common costs will be halved.
The Sentence explains the liability of CAJA RURAL according to its obligations under LEY 57/1968 for the off-plan deposits paid to accounts opened by the developer, PROMOCIONES EUROHOUSE 2010 S.L. in CAJA RURAL.
Particular points of interest stated by the Judge in the Sentence are:
“The payments were made through the agent Ole Mediterraneo S.L, however it should be noted that the fact that a payment is made by a third party does not deprive it of effectiveness. So payments made on behalf of the buyer by the agent Ole Mediterraneo S.L. are fully valid.
The non-delivery of individual Guarantees to the buyer does not prevent the right of the buyer to have its funds legally guaranteed as established by LEY 57/1968.
Such Guarantees are fixed by a mandatory legal requirement which cannot be waived in accordance with Art. 7 of LEY 57/1968 which has a clear protective purpose for the buyer (Supreme Court 15 November 1999).
Therefore we must uphold the claim made by the plaintiff, because there being a credit contract between the Bank, CAJA RURAL CENTRAL and the Developer, the buyer acquires the right to recover the amounts paid to the Bank on account of the purchase price of the housing under the legislation cited and any defaults between the