El blog de Maria

It could be accepted  the responsibility of the depositary bank for off plan purchases quantities, ex Article 1.2 Law 57/68, although the promoter does not open the Special Bank Account prevented by this Law 57/68 provided that:

The amounts deposited in ordinary Bank accounts were known, or due to be known, by the bank as off plan purchases advanced amount.  This knowledge by the Bank is drawn from documents relating to the development and financing of the work, such as, among other ones:  

 -Reservation or sales contracts,  pre-contracts…

-Banking:  credits to developers, payments to suppliers, building permits….

-Known facts: including the name or emblem of the Bank in pre-binding documents or in advertising  material used by the promoter…

The Bank will know the destination of payments by buyers, with total possibility if it happens that it is  same entity which grants the mortgage for the buying of the land,  mortgage for the building of the complex ….: in all these cases, it is clear the association between building and financing.

We cannot forget the inalienable character of rights contained in Law 57/68 in favor of the buyer and the watchdog role of compliance with the guarantees that the law assigns to depositors banks and savings banks.

It is uncontroverted Case Law that the obligation for the opening of the account is not of the buyer and the  fact that money was not deposited in this special account cannot be opposed by the  guarantor in order to avoid the guaranteeing obligations. Banks also cannot use this argument to absolve themselves of responsibility ex Article 1.2.