Legal tip 277. Low cost action against Banks. Manifesto by Costaluzlawyers

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05 Aug 2010 12:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 forum posts Send private message

mariadecastro´s avatar

 

This message is brought to you by Costa Luz Lawyers in association with Eye on Spain

 Because we see this is what is needed in the most of the cases were people bought off plan and did not receive a Bank Guarantee,

 

 

Because claimers are frustrated and tired of waiting for years for actually receiving the refund of their money after a Court Decission being won in Courts, due to poor financial status of developers now,

 

 

 

 

 Because it is a great tool to try to put some correction to the financial system in off plan purchases for the protection of buyers so we can be sure these current problems will not happen again in our country,

 

 

 

 

Because we need to show to foreigners that Spain has a strong and coherent legal system,

 

 

 

 

 Because we can offer low cost action to groups of people under the rules of our professional ethical code,

 

 

 

 

 Because Banks lack of control of Guarantees on deposits by individual people of off-plan purchases have been the necessary element without which the current off-plan disaster in Spain would have never happened,

 

 

 

 

 Because Law 57/68 makes them clearly liable for the lack of Bank Guarantees,

 

 

 

 

 Because we have been studying this action for months with the help of a first class Law Professor who is available to answer questions in Court regarding the report he produced for us,

 

 

 

 

 Because it is necessary, mainly because you need it

 

 

 

 

 We are offering to all the EOS members the possibility of joining existing actions against Banks under provision 1.2 of Law 57/68 at a much reduced cost.

 

 

 

 

Main ground of Law 57/68 is the protection of money advanced by individuals before construction work begins or during it, in many cases the savings of a lifetime.

 

 

 

 

The actual preamble or “exposición de motivos” of the said Law establishes that all the "abuses in this type of businesses have made as necessary the establishment of general preventive rules which will guarantee both the real and effective application of money advanced by purchasers and prospective customers to the building of the house and to the refund in the event that the building does not take effect".

 

 

 

 

The most preventive, general, inalienable obligation that this Law established was for banks or savings banks, where money was paid to by buyers, to secure the establishment of Bank Guarantees or insurances policies, UNDER THEIR LIABILITY. Banks were therefore here established as guardians of Law 57/68 with express obligations of:

 

 

 

 

1)    Place those deposits in special accounts

 

2)    Control the destination of funds to building works

3)    Verify on the existence of the Guarantees required by Law 57/68

 

 

Please contact us here: web@costaluzlawyers.es if you want further information about this.

 

 

Have a great week,

Maria L. de Castro

"The port of Tarifa (Cadiz)", by Luis Lopez-Cortijo



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria

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