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16 Oct 2007 12:00 AM by gill_malouf Star rating in Stockport, Cheshire. 201 forum posts Send private message

Bank Guarantees for Spanish Off Plan Developments

 

Know Your Rights!

The Aval Bancario (Bank Guarantee) or Insurance Contract were both established by a 1968 Law to protect buyers in off plan developments.

Article. 1. - The developer must guarantee the return of the deposited amounts plus 6% of annual interest, through an insurance contract or by bank guarantee, in circumstances where the construction doesn’t start or doesn’t finish in the agreed time.

They also need to open a special bank account for your amounts (different from the general one of the developer) and have it expressly written in the contract.

Article. 2. - In those contracts where the parties agree on anticipated amounts the developer must expressly state:

a) That the developer will give back to the buyer all the advanced amounts plus the 6%, in circumstances where the construction fails to start or end within the agreed deadline, or the certificate of habitation is not granted.

b) Reference to the bank guarantee or insurance contract, this must indicate the name of the Bank or the Insurance Company.

c) Specification of the Bank or financial institution and the account number where the buyer’s money is deposited.

At the signing of the contract, the developer will give the buyer the document that contains the guarantee (the Aval or the Insurance Contract) and the document must have a reference to the amount that is anticipated.

Article 3. – If the deadlines for starting or finishing the development are not met, the buyer can choose between cancelling the contract with the return of advanced amounts plus 6% annual rate, or to concede a time extension, which will be stated in an additional clause in the contract, specifying the new deadline with the date for finishing the construction and completion.

The insurance contract or the bank guarantee together with the document that fully proves that the work has not been started or that the completion deadline has not been met nor complied with, will have executive power as it is stated in the Title XV of Book II of Civil Procedure Law, to demand from the insurance company or the bank, the amounts that the buyer is entitled to, without prejudice of any other given rights also applicable.

Written by 

Maria de Castro
Lawyer

Maria de Castro is a Spanish Lawyer and the Director of the Law Firm www.costaluzlawyers.es.

She specializes in advising private foreigners in Spain and making the Spanish adventure a good dream. You can contact her at mldecastro@costaluzlawyers.es





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17 Oct 2007 11:00 AM by Blacklizard Star rating. 2 forum posts Send private message

Good Morning

this is the first time on this site and I have read the postings with much interest. Three and half years ago six of us paid 30% deposits on eight apartments via Majestic at Mijas La Condesa.

Majestic told us they owned the site and had a 1200 strong work force. They were never late in finishing any project and if they were late they paid 100 Euros per week compensation.

We were told our money was safe as Majestic had a bank guarantee so in the unlikely event of them going bust we would get our money back plus interest.

Our Lawyers (introduced to us by Majestic) were party to the presentation made by Majestic and endorsed their case wholeheartedly.

Three and half years later Majestic have washed their hands of the site which they never owned, they never had their own workforce, there was never any late compensation and there is certainly no bank guarantee.

We invested in these properties never to complete just purely as an investment and we may now be forced to complete on properties we don't want.

Has anybody else had the same experience with Majestic and do you know of anyway we can get our deposit back without taking the developer to court.

It is also my understanding that SMD have been the developers from the start  with Majestic just being the agent and not being the huge land owner they professed to be.

 




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19 Oct 2007 1:14 PM by Captain007 Star rating. 79 forum posts Send private message



This message was last edited by Captain007 on 10/19/2007.

This message was last edited by Captain007 on 11/24/2007.


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22 Oct 2007 3:31 PM by gill_malouf Star rating in Stockport, Cheshire. 201 forum posts Send private message

Please go to this website and send your greivances (if any) to them....they are consumr experts who can possibly save us money.....and boy do we need to save our remaining cash!!!


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22 Oct 2007 3:35 PM by Blacklizard Star rating. 2 forum posts Send private message

Hi Gill

thanks for your response, what website do you recommend I visit as it's missing from your lastest posting.

Thanks

 

Blacklizard




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22 Oct 2007 3:40 PM by gill_malouf Star rating in Stockport, Cheshire. 201 forum posts Send private message

http://cec.consumo-inc.es/cec/Secciones/quienes/quienes_en.asp


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