All EOS blogs All Spain blogs  Start your own blog Start your own blog 

El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 210. Developers and Banks sharing liabilities. Provision 1 of Law 57/68
Monday, January 11, 2010 @ 10:48 AM

I am just making a translation of article one of Law 57/68. Green additions are by me:


Article 1.

The individuals and companies which  promote housing construction which are not protected by the State and are intended for home or family residence, whether permanent or seasonal ,accidental or incidental character and which will be receiving sums of money from buyers before they start or during the construction must meet the following conditions:

  

First. Secure repayment of the amounts paid plus 6% annual interest, by  Insurance contract awarded  with an insurer registered and licensed in the Register of the General Department of Insurance or joint Guarantee provided by entity listed in the Register of Banks,  Bankers or saving Banks, in the event that construction is not commenced or not finished for any reason at the agreed deadline.
   


Second.
Perceive  the sums advanced by purchasers through a Bank or savings Bank, [Here liabilities of the Bank start]which will be deposited in special accounts separated from any other kind of funds belonging to the promoter and which always be used for the building of the development. For the opening of  these accounts or deposits,  the bank or savings Bank, under its responsibility, will require the guarantee explained in paragraph First.


So there are liabilities for Banks which did not perform due diligency by depositing funds in special, controled accounts and which did not check on the existence of Insurance Policies or Bank Guarantees. It is quite plain and clear.. is not? What do you think?

By Maria L. de Castro

www.costaluzlawyers.es

Winter in Crystal Palace (just before the dawn) por felipe_gabaldon.

 Palacio de Cristal (Parque del Retiro, Madrid), By Felipe Gabaldón at Flickr.com

Since assuming its role as a public park the late 19th century, the "Parque del Retiro" ( in Madrid)  has been used as a venue for various international exhibitions. Several emblematic buildings have remained as testimony to such events, including ... the Palacio de Cristal ("Crystal Palace"), a glass pavilion inspired by The Crystal Palace in London, undoubtedly the gardens' most extraordinary building. Built along with its artificial pond in 1887 by architect Ricardo Velázquez Bosco for the Philippine Islands Exhibitions, it was first used to display flower species indigenous to the islands (see Wikipedia).



 

 

 



Like 0




12 Comments


Sandra said:
Monday, January 11, 2010 @ 3:36 PM

It is all perfectly clear, as clear as day, crystal clear Maria.
I think we already knew that is was.

What we are faced with is the plain and simple truth that the banks (who we thought to trust implicitly) are blatently flouting the law in their refusal to honour the bank guarantees (abandoning us in our hour of greatest need).

Rather like having your mother sitting at the side of the swimming pool and watching whilst you drown.

We are all going round in circles of self doubt .
We don't believe your mother would ever do such a thing.
But the Banks have.






Chrissie1 said:
Tuesday, January 12, 2010 @ 7:22 PM

Maria

This is all well and good but when I enquired with both my original lawyer and the selling agent I was told our deposit was probably sent to the Developer and no Bank Guarantee was produced. Neither the original lawyer or the selling agent seem to be held accountable

Can you please comment on what you would suggest we do in this case.

Thank you


chrissie said:
Wednesday, January 13, 2010 @ 9:43 AM

Have you already claimed against the developer?


Chrissie1 said:
Wednesday, January 13, 2010 @ 1:56 PM

We are at present awaiting the outcome of the Creditors Meeting in the fight to retrieve our deposit. Do you think it would be wise to pursue the reason of why we were not given a BG from the Developer, this being a failure of the Developer or to claim against the Selling Agent for not taking care of us. I tried to telephone the Selling Agent and they told me all of their staff had now changed and that my deposit was probably given to the Developer. I would like to know where or who has my deposit, this was sent through a BACS payment via my bank to Ambasun, the Selling Agent.

Thank you for your help and advice.

Chrissie1


Chrissie said:
Wednesday, January 13, 2010 @ 2:08 PM

Did you already start the cancellation of your contract? If you did, as it is advisable, you need to wait till the creditor´s meeting is over and see how much you get back before proceeding with any action for damages : against whoever might be liable: agent, bank, solicitor, developer...


Chrissie said:
Wednesday, January 13, 2010 @ 2:09 PM

Did you already start the cancellation of your contract? If you did, as it is advisable, you need to wait till the creditor´s meeting is over and see how much you get back before proceeding with any action for damages : against whoever might be liable: agent, bank, solicitor, developer...


Chrissie1 said:
Wednesday, January 13, 2010 @ 6:19 PM

Maria

The Judge ruled the cancellation of our contract in our favour with refund of the main amount of our deposit plus legal interests and costs. It is now in the Creditors Meeting.

Thank you for your help it is much appreciated.


Chrissie1 said:
Wednesday, January 13, 2010 @ 6:43 PM

Maria

The Judge ruled the cancellation of our contract in our favour with refund of the main amount of our deposit plus legal interests and costs. It is now in the Creditors Meeting.

Thank you for your help it is much appreciated.


redman said:
Wednesday, January 27, 2010 @ 11:31 PM

I believe some payments from Ambasun for the Santa Ana Development were made to Bancaja. Yours may differ.

Maria, what would be the first step to approach the banks. Would we need a legal rep to approach the bank?


Maria said:
Thursday, January 28, 2010 @ 8:26 AM

I would advise you to use a legal representative. There are two different routes:

- 1) Out of Courts following judicial action if necessary
- 2) Clients´service and Bank of Spain

These two routes are excluding to each other.


redman said:
Sunday, January 31, 2010 @ 11:55 AM

Hi Maria,

I'm not sure I understand. Could you explain these two options in more detail.

We have legal representation as the creditors of San Jose/ Herrada del Tollo, but they don't answer when I ask about these options regarding law 57/68. I think they may be afraid of going to the banks.

I would consider using someone like yourself if I thought there may be a chance. I have others who also may be interested.

Best regards,




Maria said:
Monday, February 1, 2010 @ 8:16 AM

Dear Redman:

The explanation is the provision 1.2 itself. Which mentions there is risponsabilities for the Bank who did not secure on the existence of Bank Guarantees/Insurance Policies for money deposited in their accounts. Of course if you used a solicitor of the purchase, and no Bank Guarantee was given to you, you can also claim against him/her ( who needs to have a proffesional liability Insurance).

Best regards,

Maria


Only registered users can comment on this blog post. Please Sign In or Register now.




 

This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x