WE BOUGHT A PROPERTY WITHOUT BANK GUARANTEE WHAT CAN WE DO
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WE BOUGHT A PROPERTY WITHOUT A BANK GUARANTEE WE DONT KNOW IF THE BUILDER IS GOING TO GO BUST NO WORK AS BEEN DONE FOR 18 MONTHS A LOT OF US HAVE PAID A LARGE DEPOSIT
BUT THE BUILDING IS ABOUT 80% FINISHED
IS THERE ANYTHING WE CAN DO ?
WE HAVE CONTACTED THE PROMOTERS AND THEY SAY THEY ARE NOT GOING BUST, THEY HAVE BEEN SAYING THEY HAVE HAD MONEY PROBLEMS AND BROBLEMS WITH THE BUILDERS
THE COMPLETION DATE IS THIS JUNE BUT THEY HAVE SOME LEAWAY THEY SAY ITS NOVEMBER
NO BUILDERS ON SITE AND NOTHING HAPPENED FOR 18 MONTHS
DO NOT BUY OFF PLAN WITHOUT A BANK GUARANTEE WE HAVE LEARNED THIS MUCH
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Suggest you speak to your lawyer assuming they are not in the promoters back pocket - failing that take independent advice and maybe contact one of the lawyers in the forum such as Maria de Castro and see where you stand legally.
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Smiley - patrick@marbellamortgages.com www.marbellamortgages.com Sarcasm is the lowest form of wit .....but any form of wit is an achievement
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thanks smiley we are in the middle of doing this we have quite a few people on our forum and we are getting together and getting the lawyer involved in the next few weeks
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Philansy,
I would seriously consider instructing your lawyer to register a legal charge on your property. In the event that the developer does go bust you would be listed as a preferential creditor.
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Mike T
www.marbellahillview.co.uk
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By the way Philansy,
I currently live in Greenmount in Bury just down the road from you!
I'm part of an action group who began proceedings against our developer last year for a late project and other quality issues on the CDS. We lodged our case with the courts in December last year and it will be another 6 months before we will receive a judgement. It can be very longwinded, emotive and expensive process trying to take on Spanish developers as well as trying to develop a cohesive group of fellow investors who obviously don't really know each other that well!
I wish you all the best of luck...................................
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Mike T
www.marbellahillview.co.uk
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Legal tip 166. No Bank Guarantee?: action against the Bank
20 October 2009 @ 08:41
New action against the Bank in case of lack of Guarantees of Law 57/68
I had had a legal instinct for this since I started working in this type of cases , and have been trying to see, and to see, and to see and I finally saw:
If the Promoter opened a special account where they deposited the amount of your purchase off plan and the Bank did not give bank guarantees or checked out that those guarantees ( also possible through Insurance contract) existed,THE BANK IS RESPONSIBLE in accordance to provision 1.2 of said Act for the devolution of handed amounts plus legal interests if the works are not started or completed on time.
A great solution for many purchasers who lacks Bank Guarantee and a way to start building up a more risponsable financial system! It is about time to this.
www.costaluzlawyers.es
Madrid, November by Martius at Flickr.com
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Number of posts in this thread: 9
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