20 Jul 2009 6:06 PM:
I thank everybody for sharing information on this site, otherwise the situation for all could be far worse.
As this is a discussion forum, I thought I might put forward some views.
I just wanted to ask Inspector Home's about his view that bank guarantees are the responsibility of an individual to obtain. If its in Spanish Law that developers and thier banks provide a Bank Guarantee, then maybe in this case, there wont be the need by individuals to provide evidence of one.
The whole project is financed by CAM bank, including probably financing the purchase of the land in the first place. CAM bank have already issued quite a few guarantees and even returned some deposits . So its quite obvious who the developer is and who is financing.
Are you saying , Inspector Home, from your experience that Cam Bank can say that Bank Guarantees, if some didn't get them, are not their responsibility ? And that it is up to the developer to get them and inform them. (of who gets guarantees and who doesn't ??)
Do you think the developer can say also that it's not their responsibility to issue a Bank Guarantee to everyone and its up to individuals and their lawyers to persue one from them?
Going back my original point. Apart from making it easier to claim, would you really need any Building Guarantee in writing if its already stated in law?
It must be clearly stated in Spanish Law, the framework, the time frames, secured deposits, what the developer is allowed/ not allowed, bank committments etc etc. it wont vary contract to contract.
If its compulsory in law for the developer to issue a BG then its compulsory that an individual receives it and therefore, I expect, deemed to have been received by all.
Community thread:
DAVID HAMMERSTEIN - MEP
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