Legal tip 813. NEW! Adding Case law for buyers and Law 57/68
17 August 2012 @ 09:57
Madrid, Valladolid, Logroño , Hellín, Burgos ( dated February- July 2012)
New Court decisions consolidating the pro-consumer interpretation of Law 57/68, with interesting statements such as:
- Law 57/68 needs to always be interpreted in favor of consumer/buyer.
- Formalist interpretation of this Law cannot damage buyers rights
- Illegalities/ irregularities of developers and guarantors can never damage buyer´s rights
- Issuing and delivery of Bank Guarantees is obligatory for the guarantor and inalienable right of buyer
- Banks and developer using Law to avoid Law (fraud of law) can never produce effects. Law intended to be avoided (guarantees of buyers) will become effective by virtue of this principle.
- Knowing deposits are of off plan buyers and not acting measures established by Law 57/68 is also a banking malpractice
- A special account is that where money from buyers is received. No formal requisite is necessary for this consideration.
"Sierra de Grazalema", Cadiz, South of Spain, by Senderismo Sermar, at flickr.com
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