PURCHASERS OF GARDENS OF MANILVA (MANILVA COSTA SA) GET THEIR CONTRACT CANCELLED AND THE DEPOSIT PAID REGISTERED IN THE BUILDER'S BANKRUPTCY PROCEEDING DESPITE MONEY WAS PAID TO THE AGENT, OCEAN VIEW PROPERTIES, AND THE PURCHASE CONTRACT WAS NOT SIGNED BY THE BUILDER
The Mercantil court from Seville has sentenced the cancellation of a purchase contract for Gardens of Manilva phase I, together with the registration of the deposit paid as credit in the Bankruptcy proceeding, despite the money was paid to the agent, Ocean View Properties, and purchase contract wasn't signed by the developer, Manilva Costa S.A. (who originally refused to have received the deposit).
The claim filed by our Firm to show the contractual relationship with the builder, the recognition of the payment and, consequently, to get the purchase contract cancelled and the deposit registered as credit has been finally admited by the defendants (Manilva Costa and the Trustees in Bankruptcy), so our clients are ready to enforce the Bank Guarantee granted for the whole phase I by Caja de Ahorros de Huelva y Sevilla (now Cajasol, Banca Cívica).
The claim has been managed within two months time, so our clients have saved lots of money and time (other purchasers in the same position are still waiting for ordinary courts to sentence).
Our clients' position against the Bank has improved substantially, because at the beginning of the process the couldn't even show that money was paid to builder for purchasing an off plan property (contract not signed, deposit paid to the Agent, builder refused to have receive it), and now the deposit paid is registered as deposit and the purchase cancelled for breach of contract by the builder. This brand new position allows them to enforce the bank guarantee for the recovery of their deposit plus legal interest.
Should you have further questions, please do not hesitate to contact me.
Guadalupe Sánchez. Lawyer
guadalupe@gmlegalexperts.com
www.gmlegalexperts.com