Legal tip 1255- NEW! Madrid Appeal Court Decission against Lawyer who did not provide 57/68 Bank Guarantee to client
Friday, January 23, 2015 @ 2:21 PM
This other route to obtain refunds in off plan disasters is starting to have a voice.
Now it is section 21 of Madrid Appeal Court which is condemning a lawyer who made payments into the developers´account without the previous obtaining of the necessary Bank Guarantees, according to Law 57/68.
The claimant was basing his lawsuit in two breaches: Lack of licenses and Lack of Guarantees.
Court estimated that as the buyer had paid the initial reservation deposit voluntarily and previous to the intervention of the lawyer, he freely chosen the object of the purchase so Lawyer cannot be liable in regards to planning irregularities.
As lawyer was working for the client when payments were made to the developer´s special account, liability of this professional in regards to the lack of Guarantees is uncontestable
New way open now by Case Law!
Have a restful weekend!
María
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Madrid in Winter