Legal tip 1351. Law 57/68 and touristic apartments
Friday, December 4, 2015 @ 8:10 PM
The touristic classification of the apartment is something that Banks are opposing for leaving buyers not covered by the 57/68 Guarantees.
If you, being unaware of this, bought it, thinking it was a plain residential apartment and facts can convince the judge on this-- which is easy; there is no difference on the power that Law 57/68 that play in your case.
The touristic excuse is an argument which can be turned down mainly because many Courts, and Supreme Court too, defend the tuitive ( protective) character of Law 57/68 and state that the whole strength of Law 57/68 and its rights protect buyers of residential ( first or second) properties, as soon as these facts occur:
1.- Payments are made to a developer account according to Contract
2.- Development is not finished or on delay
If there is a General Guarantee, the General Guarantor is liable
If there is not, receiver Bank is liable ( as said: Supreme Court has still not formally issued decision on this)
It is simple.Spain Law is distinctively bright when providing such a cohesive defense to off-plan property buyers
Apartments in Nueva Andalucía, Marbella, Málaga, South eastern Spain