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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 875. NEW Burgos Case Law on Banks Liability Law 57/68
Wednesday, January 2, 2013 @ 3:03 PM

Burgos Appeal Court, October 2012

Interesting Court decission as it denounces again the Fraud of Law tactic that Banks have been using to avoid their liabilities out of provision 1segundo of Law 57/68. 

If the Bank was same for financing the Construction and receiving deposits by buyers.... there is no way to argue they did not know those funds paid into the developers´account were off plan deposits.

I think the post deserves this beautiful picture I found today as light is coming up step by step....

 



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3 Comments


Anne said:
Friday, January 4, 2013 @ 11:39 AM

Maria could you please confirm in the case where a generic BG exists, is there is a requirement to prove where offplan deposited monies were placed for the case to succeed?

Also, your legal tip specifically makes reference to the Bank being the SAME for financing the construction AND receiving buyers offplan deposits, so what happens in the case where deposited monies were placed in a different Bank to the Bank that financed the construction by the conveyancing lawyer?


normansands said:
Monday, January 7, 2013 @ 6:53 AM

Hi Maria,
are you confident yet in claims against Interlaken and its bank at Casares. I am still alive, just and would like to get my lifesavings back, though it has been so long that I have now saved a little more.
Regards
Norman


normansands said:
Monday, January 7, 2013 @ 6:55 AM

Hi Maria,
by the way sorry to "post" in this way but Justin is still banning me from forum posts.
Regards
Norman


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