Legal tip 747. Creditors meeting obviously useless
23 April 2012 @ 09:27
for deffending your credit if you are an off plan buyer.
The whole business was in hands of banks and wisely enough, our 57/68 law makes them liable of custoding amounts paid by buyers.
Therefore, as advised in the forums today and as we have been advising for a long, long time now ( click here to read), energies need to be mainly concentrated on:
(1) Finding your individual certificate of Bank Guarantee/ Insurance. If not found, finding who was the Guarantoor of the deposits in your development. Your conetancing lawyer needs to know.
(2) Finding Bank account where payments were made. Again, your conveyancing lawyer needs to know.
So, as recently pointed out in this blogpost, the two reasonable, most advised actions if you made payments for an off plan property acquisition, you have cancelled your contract and developer is in creditor´s meeting are:
- Action against related Banks or Insurance companies
- Indemnity actions against conveyancing lawyers
Have a precious week,
"SSW. Ayamonte. Huelva".Ayamonte, Huelva, Spain, by M. Martin Vicente, at flickr.com