Murcia Appeal Courts for Bank liability for deposits refund

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07 Nov 2011 12:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9380 posts Send private message

Legal Questions? Speak to Maria Direct

 Legal tip 632. Murcia Appeal Court for Banks Liability 
06 November 2011 @ 12:13 

Great new Court Decission by Murcia Appeal Court, dated this last September 2011, which establishes that Banks are liable of the refund of all deposits paid in off plan purchases, when the contract is cancelled due to delay, regardless there was an individual certificate of Guarantee or not.

Just proving you make payments to a Bank account held by the developer, Banks need to refund you, with legal interests and legal costs, regardless they were into a special account or not.

So, if you were paid just the amounts corresponding to the individual certificate of Bank Guarantee which was effectively issued to you, just ask now for the refund of the rest of your deposits, which did not have certificates of Bank Guarantees.

Excellent new for many of our Murcia clients. Great understanding of Law 57/68 again.

Keith Rule..... you are getting there!

Keep them coming!

Maria

P9251500

"P9251500".Cortes de la Frontera, Málaga, Spain, by stressbone, at flickr.com



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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07 Nov 2011 1:32 PM by ads Star rating. 4093 posts Send private message

Maria,

Good news!

But is this just Murcia courts? What about courts in other regions?

Also can you explain to EOS posters what happens when monies were transferred by cheque to the developer instead of a bank transfer please. For instance if a conveyancing lawyer pays by this method and a BG was not made available, how do you ensure that the Bank Guarantee claim can still stand?

How can you ensure that the conveyancing lawyer provides the necessary details as evidence that monies were paid to the developer and not syphoned off elsewhere? You would need a payment order document wouldn't you?

Can you legally call that lawyer to account for these details within the bank claim process? If they remain obstructive to this process can they be forced by the judge to provide this detailed evidence (to prove monies went into a developer's account) at the point that the bank claim is actioned?

Thank you.

 



This message was last edited by ads on 07/11/2011.



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07 Nov 2011 2:14 PM by mariadecastro Star rating in Algeciras (Cadiz). 9380 posts Send private message

Legal Questions? Speak to Maria Direct

Dear Ads:

I am answering your message below in bold green ( same text as your email): 

Maria,

Good news!

But is this just Murcia courts? What about courts in other regions? Similar approach is being followed by TSJ Navarra, and Courts and Appeal Courts in Zaragoza, Granada, Elche, Cantabria, Burgos, Madrid, Málaga and Asturias... so far, to our knowledge.

Also can you explain to EOS posters what happens when monies were transferred by cheque to the developer instead of a bank transfer please. For instance if a conveyancing lawyer pays by this method and a BG was not made available, how do you ensure that the Bank Guarantee claim can still stand? Conveyancer needs to show where money was paid to. From that information, liabilities either to the Bank or the conveyancer can be applied.

How can you ensure that the conveyancing lawyer provides the necessary details as evidence that monies were paid to the developer and not syphoned off elsewhere? You would need a payment order document wouldn't you? I would need them to send to me information of money entering into a developer´s account. That was ( as still is) part of their due diligence.

Can you legally call that lawyer to account for these details within the bank claim process? If they remain obstructive to this process can they be forced by the judge to provide this detailed evidence (to prove monies went into a developer's account) at the point that the bank claim is actioned? Of course they can. We lawyers are under liabilities rules and Law as any other professional. That´s what we have our indemnity insurances for.

Thank you.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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07 Nov 2011 2:33 PM by ads Star rating. 4093 posts Send private message

Thank you Maria.

Can I ask another question please?

When you say "From that information, liabilities either to the Bank or the conveyancer can be applied. " Does this mean that if the conveyancer has not provided the evidence to support where deposited monies held in a client account were transfered to (i.e. the proof that monies went into a developer account), that it will be the conveyancer that will be made liable to return these monies to the client? Or have I misunderstood this?

 



This message was last edited by ads on 07/11/2011.



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