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18 Jun 2008 12:00 AM by spanishsolicitor Star rating in Murcia. 140 forum posts Send private message

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We have some clients buying in la Tercia Real and we have to warn that:

1º La Tercia Real does not have Building Permission yet (18-06-08)
2º They are producing  useless and unlawful  Bank Guarantees which with buyers are not protected 




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This message was last edited by spanishsolicitor on 6/18/2008.

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20 Jun 2008 7:18 PM by tina c Star rating. 68 forum posts Send private message

What makes you think this?  Please elaborate.

Where does it leave the people buying here - what action can we take against agents and solicitors that led us into this bad move?  




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21 Jun 2008 1:06 PM by spanishsolicitor Star rating in Murcia. 140 forum posts Send private message

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I've checked all the documents because I have clients buying there.
Don't know about the action you can take. I am just warning about certain facts


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23 Jun 2008 4:10 PM by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 forum posts Send private message

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I suppose that what is meant with the bank documents is that there has been some recent incidents where the bank issueing the guarntee does not exist or know littele about the guarntees but i woud be surpiised of Piensa would do this

Your lawyer should be checkinf this and it is a simple check fir the lawyer to contact the isueing bank

Iwould have liked to have seen a more complete response from Spanishsolicitor as if thes bank guarntees are, as put unlawfull or false, this is of course fraud and they can be imediately reported to the Police and OMIC

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23 Jun 2008 5:20 PM by spanishsolicitor Star rating in Murcia. 140 forum posts Send private message

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Hi Roy
Every BG are different. It is like a contract. The bank doesn't have to check the legality of the BG and Banks draft BGs according to  developer instructions. They are not liable because they just are an instrument. The developer must produce through a bank a BG drafted according to the law
Our Act regarding Bank Guarantees  buying off-plan (57/1968 Act) clearly states that  the BG must set forth the expiry date which has to be the day when is granted the first occupancy permit. My client's BG does not state this date. Also this Act establish that the house is considered  finished when the FLO is granted. My client's BG consider that the dwelling is ended when you go to the Notary or when the development has the 'Certificado Final de Obras' (Certificate of completion of Building) or when the developer apply for the FLO.

But the more outrageous condition in order to execute this BG  is that  PEINSA can oppose to the execution and the bank won't refund the money if PEINSA say no. You will have to go to Court

I recommend buyers to get an independent English translation of their BG, in that way they'll personally realize what their BG are really covering and what will be the process in order to get the monies back




This message was last edited by spanishsolicitor on 6/23/2008.

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23 Jun 2008 5:48 PM by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 forum posts Send private message

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Thank you for your very comprehensive response and I now understand the issues and I know that this will make things much clearer for buyers

The clause that Piensa have used is outragous

Again thanks

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Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748


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23 Jun 2008 7:31 PM by tina c Star rating. 68 forum posts Send private message

Don't be surprised about anything is my advice now.




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