El blog de Maria

WON CASE AGAINST BBVA FOR PROMOCIONES EUROHOUSE BUYERS ON RESIDENCIAL FORTUNA GOLF RESORT & APARTMENTOS TURISTICOS PUEBLO LA SAL

We were pleased to notify our clients today that we had won their case against BBVA.  The clients did not receive individual Guarantees from the developer, Promociones Eurohouse or from the Bank to which their off-plan deposit was paid, BBVA.

Re: YOUR CASE AGAINST BANCO BILBAO VIZCAYA ARGENTARIA S.A.

Please find attached Sentence number xx/2015 from the First Instance Court No.5 in Orihuela.

Your case against BBVA has been partially won.

The final paragraph of the First Instance Sentence delivered on 22 April 2015 and notified on 28 April 2015 states: 

“That partially upholding the Lawsuit filed on behalf of Mr XXXXXX XXXX XXXXX  & Mr XXXXXX XXXX XXXXX against BANCO BILBAO VIZCAYA ARGENTARIA S.A. I must condemn the defendant to pay the plaintiff the amount of 23,964.66€ plus legal interest from the date of payment of the amounts to the Bank until the date of full payment.

The costs are not imposed on any party”

So BBVA is liable to refund the amount of 23,964.66€ plus legal interest from the date the payment was made to the Promociones Eurohouse account at BBVA until the date of full payment to the Court.  

Due to doubts regarding the liability of Banks for when accepting advance payments for the sale of off-plan housing costs were not imposed on any one party.  Therefore each party will bear its own legal costs and any common costs will be halved.

The Bank will must pay the total amount of 23,964.66€ which is allocated as follows:

20,964.66€ plus legal interest to Messrs XXXXX
3,000€ plus legal interest to Messrs XXXXXXX

The Sentence explains the liability of BBVA according to its obligations under LEY 57/1968 for the off-plan deposits paid to accounts opened by the developer, PROMOCIONES EUROHOUSE 2010 S.L. in BBVA.

Particular points of interest stated by the Judge in the Sentence are: 

“Account extracts showed 3 specific quantities being paid to the current account opened by Promociones Eurohouse 2010 S.L. in BBVA, so regardless of whether the account was a ‘Special Account’, the bank knew the nature of the business of the account holder and knew that income in that account was from advance payments from buyers of off-plan housing.

The evidence infers that the defendant bank had knowledge that the amounts paid stemmed from advances for off-plan housing purchases and therefore it must apply a monitoring role over the account an has a duty to ensure that the developer constitutes the Guarantees required by Article 1.2 of LEY 57/1968 for the money received through its accounts from purchasers”

Sierra of Orihuela, Alicante, Eastern Spain