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27 Nov 2011 00:00 by deelcee Star rating. 16 posts Send private message


November 2011
I cannot say thank you enough to Maria and all the members of her team at costaluz lawyers. My initial investment has been returned something I really did not believe would ever happen.
I bought off-plan - Calas Del Pinar in San Juan de Los Terreros a beautiful place on the coast. The developer was Peinsa. What a nightmare – the development was running late with all sorts of problems. I decided to cancel the contract and advised my solicitor who said it would fine but I would have to wait for six months to get my money back as the developer had cash flow problems. Well you can guess I waited and waited to be then told they would not be paying back the money but instead urged me to complete. I then employed a spanish solicitor in the UK who initially said that yes he would be able to get the money back as I had a bank guarantee even though it was out of date, as there was a law now to protect off plan buyers. Yes you’ve guessed it that too went pear shaped - he didn’t seem to be getting anywhere despite his earlier promises and a couple of costly visits.

I then saw a posting on the eye of spain forum and promptly contacted Maria de Castro . I faxed over the relevant documents and she said I definitely had a case against the bank and she was very positive about the outcome. I employed her services and the rest is history. I found Maria and her team to be very professional and all my emails were answered within a reasonable time frame. As they worked through the process I was given timelines on each section as they presented the facts to the courts. Eventually justice prevailed and the bank paid back the money. What a great day, and I say again well done and thank you to everyone who worked on my case at Costaluz Lawyers

celia twigger

nottingham  uk

This message was last edited by deelcee on 27/11/2011.

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27 Nov 2011 21:37 by ChrisBW Star rating. 50 posts Send private message

Fantastic news! Congratulations!!

How long did the whole process take and did you have a BG?

Congratulations again,


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28 Nov 2011 16:17 by sandra Star rating in . 776 posts Send private message

sandra´s avatar

Congratulations, you must be very pleased and relieved that , at last,  you can get on with your lives.

Well Done CostaLuz and Maria and Team!







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28 Nov 2011 16:30 by mariadecastro Star rating in Algeciras (Cadiz). 8837 posts Send private message

mariadecastro´s avatar

 Thanks Celia for yopur kind words.

The fight is not being easy, but, just as many other things in my dear country at present.




Maria L. de Castro, JD, MA



El blog de Maria

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28 Nov 2011 18:15 by Keith110 Star rating in the UK and I am lead.... 682 posts Send private message

Congratulations Celia - it is great to read the good news stories.  Well done to María and her team.

You are correct María - it certainly is a very tough fight - but one that we must continue to engage in.

Chris - I think Celia had a Bank Guarantee because she says in her posting:

I then employed a spanish solicitor in the UK who initially said that yes he would be able to get the money back as I had a bank guarantee even though it was out of date, as there was a law now to protect off plan buyers.

But this statement is typical of many solicitors where they say the Bank Guarantee 'out of date'.  As we know many Banks did include pre-determined expiry dates in their Bank Guarantees - but any professional Lawyer should know that these 'expiry date clauses' are in fact void because according to LEY 57/68 Article 4 - the Bank Guarantee only 'expires' when the house is completed and the Licence of First Occupation is issued by the town hall housing department and given to the buyer or buyers solicitor by the developer.

Also I find it strange that Celia's UK Lawyer said that 'there was a law now to protect off plan buyers' - LEY 57/68 is not new - it has been in force since July 1968!!

It concerns me that many Lawyers in Spain and the UK still have a very poor understanding of LEY 57/68.

I bet there are many off-plan purchasers who have given up on their Bank Guarantees after being told by their Lawyer that it has 'expired'.

Kind regards



LEY 57/1968


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10 Jan 2012 18:36 by sharky7007 Star rating. 24 posts Send private message

 Hi Maria,


what the situation a Mosa Trajectum, would you advice to buy a property there ? and at polaris world?

I'm looking for bargains, but without hells, and starting seeing really interesting prices, but also reading about huge issues even on very basic things, like community night light , rubbish collecting, even electricity off for weeks, etc,,etc  and seems to have a sort of (common for any mediterranean nation, as Italy, Spain, Cyprus,etc) huge lack in regulation and laws practice.


would you be so kind to tell your thoughts.


I will be in Murcia next 25th of Jan. for a few days to see properties and feel the taste of the properties market there at this stage.

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11 Jan 2012 10:55 by mariadecastro Star rating in Algeciras (Cadiz). 8837 posts Send private message

mariadecastro´s avatar

Dear Sharky:

Yes, a good legal check before any commitment is made is highly necessary. If you like the house and the environement around I would just go for a technical, commercial and legal opinion. We provide those services to any prospective buyer in one shot as we work with property consultants.

Of course buying now is always less risky than when the real estate boom as the house is fully finished and you are not sibject to expectations.

Good search!



Maria L. de Castro, JD, MA



El blog de Maria

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