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LEY 57/1968 Won Case in First Instance Court against BBVA for our client who purchased an off-plan property from the developer Herrada del Tollo at Residencial Santa Ana Del Monte

We were pleased to inform our client recently that we had won their case against BBVA in the First Instance Court.  The client did not receive an individual Guarantee from the developer, Herrada del Tollo S.L. or from the Bank to which their off-plan deposit was paid, BBVA.

Re: YOUR CASE AGAINST BANCO BILBAO VIZCAYA ARGENTARIA S.A. (BBVA)
PO xxxx/2012

Please find attached the Sentence No. xxx/2016 from the First Instance Court No.5 in Orihuela.

Your case against BANCO BILBAO VIZCAYA ARGENTARIA S.A. has been partially won.

The final paragraphs of the First Instance Sentence delivered on 18 October 2016 and notified on 19 October 2016 state:

“Upholding the Lawsuit filed on behalf of xxxxx against BANCO BILBAO VIZCAYA ARGENTARIA S.A. I condemn the defendant to pay to the plaintiffs the amount of xx,xxx Euro being the amount paid on 24 May 2006 to the account opened by the developer in BBVA, plus legal interest from the date of delivery of the deposits in the current accounts of BBVA until the full repayment.

I do not condemn the costs of these proceedings on any party”

So BBVA is liable, according to Article 1.2 of LEY 57/1968, to refund to you the amount of xx,xxx€ plus legal interest from the date the amount was paid to the developer’s bank account which was 24 May 2006.

The Judge did not impose costs on any party.  Therefore, each party will pay its own costs.

BBVA was found liable according to Article 1.2 of LEY 57/1968 for the actual amounts you paid to the developer’s accounts opened in their branches.

With regards to the conviction of BBVA according to its responsibility under Article 1.2 of LEY 57/1968, interesting statements from the Judge were:

“BBVA stated in its defence that the accounts to which the buyer’s funds were paid was a normal current account and not a Special Account.  However, it is clear that the credits to this account was frequent and continuous and that the account was intended for use as an account to receive funds from off-plan buyers.  Therefore, despite the fact that it was called an ordinary current account it must be considered as a Special Account according to LEY 57/1968.

This then generates a legal liability for the buyers funds paid to this account.  If the Bank fails in this legal responsibility then it must respond to the damages caused to the buyers due to its failure”


BANCO BILBAO VIZCAYA ARGENTARIA S.A. has 20 working days from the date of notification of the Sentence, which was 19 October 2016, to comply with the Sentence or to file an Appeal to the Provincial Appeal Court of Alicante.

If an Appeal is filed by BANCO BILBAO VIZCAYA ARGENTARIA S.A. it will be necessary for us to file an Opposition to the Appeal on your behalf.