Legal tip 270.Campaign to pressure on Banks and Savings Banks
Sunday, May 9, 2010 @ 10:42 AM
What about a campaign for putting pressure on Financial Institutions to pay off in those cases where they failed to secure on the existence of Bank Guarantees/Insurance policies for off-plan buyers?
When a Bank Guarantee was not produced for the buyer, the only resort is to go against the developer: this results in a very long judicial procedure for the Court decission to be in place and then a new battle , in order to enforce it and obtain the funds back. Many developers are now very short of funds in Spain.
If Banks/Saving Banks where your money was deposited can show they made all possible for the existence of the Bank Guaranteess, then, just conveyancers and developers will be liable for the damages related to the lack of it.
But if they cannot prove the due diligence they displayed it, they, Banks and Saving Banks are liable.
Someone needs to respond for this disaster and the first ones to ask about are Financial Institutions: Banks were officially and legally entrusted by Law 57/68 to custody off plan purchasers´funds.
A big battle and a reunion of efforts is needed here, we are concerned they were long-life savings for many of you.
Who is joining o us regarding this? Before starting the judicial battle, we are sending communications to all those Banks and Saving Banks which received money from our clients and will follow up with communications to Ombudsmen and Bank of Spain. We want Bank of Spain to issue an express statement on liabilities of Banks on this particular point: please email us if you are in that situation so we can join your name to the efforts.
Our email address is web@costaluzlawyers.es and please write Bank´s liabilities as the subject of the email.
Best regards,
Maria
"the Beach of Zahara de los Atunes (Cádiz)", by Luis Lopez-Cortijo