Clients affected at the Almanzora Country Club Development (Huma Mediterraneo), get the money paid back from Banco Popular ( No bank guarantees).

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16 Sep 2015 6:07 PM by ads Star rating. 4124 forum posts Send private message

Thank you White-Baos for your educative posting.

I think the aspect that many find abusive, however, is when a legal firm suggests that they are willing and able to fight for Bank claims, but in reality they compromised clients from the outset by lacking due diligence... such aspects as failing to ensure that LEGAL BG's were made available, failing to ensure that offplan purchasers' deposited monies were protected and placed into secure Bank Accounts, failing to advise when LFO's had not been made available according to mutually agreed contract end dates, failing to ensure that manipulative practices to extend "effective from " dates on BG's were prevented or abide by the requirement to seek agreement from the purchaser in writing to such extensions, subsequently delaying forwarding information of clients' data required to make claims against the Banks etc..... in other words they did not act in the best interests of clients by working as non independent lawyers with agents/developers etc.

But then to add salt to the wounds, the Bar Associations appear to have done little to regulate these members and make them accountable for their malpractices that have so badly affected innocent offplan purchasers, or apply deterrents to prevent further abuse, which adds further to the lack of trust in the existing system, almost giving the appearance of protectionism.

Likewise agents appear to have little effective regulation in place to protect purchasers from the outset and rely upon voluntary ethical behaviour which as all too many have learned to their cost, does not make accountable those who bring their profession into disrepute.

What is required appears to be better regulated bodies to act as reassurance, and to have effective measures in place to act as adequate deterrent.

 




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16 Sep 2015 7:13 PM by White-Baos Star rating. 32 forum posts Send private message

Dear "ads" thank you for your comment.

 Yes, I agree with what you said.

We also understand that this situation has been created not only by the developers, but also by the banks who did not make sure that the guarantees where in place,  and by some lawyers who had not even checked the existence of the guarantees before ask the clients to pay, I have seen some cases where the purchasers were advised to pay and sign the contract, and the vendor ( developer) was not the real owner of the land, it was not building license, no guarantees ( bank guarantees or insurance policies) etc.

Also, by  some judges who have been ambiguous with the interpretation of the law 57/68 which we believe is really clear and protective with buyers-consumers.

I agree with you, but the idea is to find out who is liable, if there is a real possibility to get the money back for the consumers, or not.

Best regards,




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17 Sep 2015 8:25 PM by ILostMySensaHuma Star rating. 87 forum posts Send private message

Following up with a link to a list of ley 57/68 wins from El blog de Maria

http://www.eyeonspain.com/blogs/costaluz/15321/legal-tip-1322recently-won-costaluz-lawyers-cases-against-banks-for-off-plan-property-purchases-in-spain-law-57-68.aspx

encouraging I think.




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43 posts were found:


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