Valencia court rules that debt release agreed by purchaser with San Jose on the creditors' agreement doesn't apply to bank guarantee

Expatica - Health
Post reply   Start new thread
New - Old :: Old - New

Pages: 1 |

El Pinet forum threads
The Comments
17 Mar 2013 10:47 PM by Guadalupe. Lawyer Star rating. 261 forum posts Send private message

EOS Supporter

 GM LEGAL EXPERTS have done it! We have won a case that creates an important precedent for many Herrada del Tollo and San Jose purchasers who voted in favour of the creditors's agreement, and face now that Banks rejects the payment of the guarantee claiming that same release and payment extension period agreed with developer apply to bank guarantees.

 

Valencia First Instance Court nº 15 has finally supported GM LEGAL EXPERTS arguments, ruling that the release and payment extension period just affects the developer, but don't apply to bank guarantees.

Further info on 

http://gmlegalexperts.blogspot.com.es/2013/03/gm-legal-experts-won-case-caso-ganado.html

 

Kind Regards,

Guadalupe Sánchez. Lawyer




Like 0

Spam post or Abuse? Please let us know

20 Mar 2013 9:22 PM by paulv Star rating. 19 forum posts Send private message

this applies to 'all' those who have bought the blue apartments then.. millions of 'em.




Like 0

Spam post or Abuse? Please let us know

27 Sep 2013 11:58 AM by Guadalupe. Lawyer Star rating. 261 forum posts Send private message

EOS Supporter
ONCE AGAIN, VALENCIA COURT RULES THAT RELEASE AND PAYMENT SCHEDULE AGREED WITH SAN JOSE ON CREDITOR'S AGREEMENT DON'T APPLY TO BANK GUARANTEE. ITSN'T RELEVANT THAT CONTRACT CANCELLATION'S AGREEMENT STATED THAT PURCHASERS BREACHED THE PURCHASE CONTRACT
 
Other customers of us who bought in El Pinet (San Jose Inversiones) are getting the whole deposit, plus legal interest and defence cost paid by Banco Popular, although the cancellation agreement stated that they purchase contract was breached by them and, furhtermore, they voted in favor of the creditors' agreement.
 
Our clients signed a cancellation agreement (just wrote in Spanish), which stated that, as long as they refused to complete, they breached the purchase agreement. This agreement was authoirzed by the Bankruptcy Court. Later on, they voted in favor of the creditors' agreement.
 
After enforcing the bank guarantee, Bank claimed as defense that 57/68 Act didn't apply because contract was breached by purchaser. Bank claimed also that same release and payment schedule agreed with San Jose applied to Bank Guarantee. We plead to the Court for a favorable ruling, explaining that contract was initially breached by developer because habitation certificates were not approved by the time agreed for completion, and that was the reason why our clients didn't want to complete, no matter the wording of the cancellation agreement. Furthermore, we claimed that release and extension just apply to developer as long as there was no agreement between the bank and our clients to extend it to the bank guarantee, adding that 57/68 Act states that purchasers' rights cannot be waived.
 
Court's ruling, which has been notified today, agrees with us in full, and sentences Bank to pay deposit, plus legal interest and defense cost.
 



Like 0

Spam post or Abuse? Please let us know

18 Oct 2013 9:00 PM by SandraD70 Star rating. 24 forum posts Send private message


This message was last edited by SandraD70 on 20/12/2013.


Like 0

Spam post or Abuse? Please let us know

19 Dec 2013 1:16 PM by Guadalupe. Lawyer Star rating. 261 forum posts Send private message

EOS Supporter

VALENCIA MAGISTRATES' COURT RULES THAT THE RELEASE AND PAYMENT SCHEDULE AGREED ON CREDITORS' AGREEMENT DON'T AFFECT TO BANK GUARANTEE.

This ruling is definitive.

More info on:

http://gmlegalexperts.blogspot.com.es/2013/12/gm-legal-experts-won-case-caso-ganado_18.html

Best Regards,

 

Guadalupe




Like 0

Spam post or Abuse? Please let us know

Pages: 1 |
Post reply   Start new thread


Previous Threads

17 march 2013 - 0 posts
Does anyone have SJ administrators contact details - 2 posts
Happy Christmas all. - 0 posts
Hello any one out there - 2 posts
HI EVERYONE ANY NEWS ON HAB CERTIFICATE - 11 posts
El Pinet Beach Hotel and other stuff - camping etc - 4 posts
Tulip an prices in el pinet in 2004 - 5 posts
BBVA bank guarantees for El Pinet development (San Jose Group) successfully enforced - 0 posts
Valencia Magistrates' Court sentences Banks tu refund deposit to the purchasers under the provisions of a generic bank guarantee - 0 posts
EL PINET CAMPER VANS - 1 posts
Community Rules - 0 posts
Generic Bank Guarantees released - Lack of habitation certificate in time entitles purchasers to recover their deposits from Banks - 3 posts
CENSORSHIP - 1 posts
tv reception at el pinet - 27 posts
Cleaner - 1 posts
how are we all - 1 posts
how are we all - 0 posts
Merry Christmas! - 0 posts
2010 Bills - 3 posts
Wi-fi - 1 posts
SARC May report is on the SARC website News letter page - 0 posts
Legal tip 480. 1 week for Company incorporation in Spain - 0 posts
Monthly Costs - 1 posts
SARC January report & additional documents - 19 posts
Renting Your Property - The Legal Aspects - 0 posts

5 posts were found:


1 |
Our Weekly Email Digest
Name:
Email:


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x