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El blog de Maria

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

Legal tip 538. I am doing something crazy this summer
Wednesday, May 25, 2011 @ 9:49 PM

Summer is arriving. Judicial activity fall and I need to do something  really crazy for my clients.

Please understand what I mean when I say crazy.

I did a survery recently and most of my clients are willing to buy in Spain again as soon as they receive their refunds. These clients, many of them, do not have a Bank Guarantee and we are therefore directing claims against Banks which received the deposits ( provision 1.2 of Law 57/68)

I am approaching Banks with good properties in their stock and am offering them to settle with the claim our clients are bringing against them in exchange of one of those properties, with the correspondent price reduction ( equivalent to amount of claim).

I will be asking them to pay all expenses and legal fees.

Would you be interested? Please email me

Would Banks be interested? Please email me too :)

Love,

Maria

Zahara, Costa de la Luz, Cádiz, Spain by Tixikita69 at Flickr.com

 

 



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3 Comments


RuthG said:
Thursday, May 26, 2011 @ 12:02 PM

Maria, is this for people who have bought off plan and their houses have not been built. Does it mean that people who put down a 50,000 euro deposit and have been through court with a verdict in their favour, would be looking at a re-sale house valued at 50,000 + interest. Surely they won't get their dream house at 50,000 if that was 40% of the total value of their initial house. Have you actually taken the banks to court regarding their bank guarantees under Law 57/68 and if so what has been the result? Are they refusing the court order?

What about the people whose houses were built when they bought but official problems meant they were never handed over?

Are the banks actually the owners of all these houses that people have put their deposit on? If so surely the banks are winning they are the ones with the most power and if your scheme works then surely you are playing into their hands and supporting them breaking the law.

If I am wrong I apologise, but this is how I read the blog, perhaps before people sign up for the scheme they need to know more about it. Has anyone emailed you yet in favour of the idea?




Maria said:
Thursday, May 26, 2011 @ 12:28 PM

Ruth:

Answering your questions above:

I am trying to have the involved banks acknowleding their liabilities under 1.2 of Law 57/68 and offering the correspondent compensation-price reduction on properties of their stock.

I am not doing this for everyone but just for those of you interested.

We have won many cases where Bank Guarantees were in place and Banks have effetively paid our clients all money plus legal interests plus legal fees. In other cases they are appealing after our won.

People whose houses have not been handed over due to official problems have all the protection of Law 57/68.

This scheme is not supporting them breaking the Law, they need to acknowledge their liabilities out of 1.2-- full amount plus legal interests- and apply a correspondent reduction on today´s prices.

A good number of my clients are willing to buy in Spain if they obtain their refund, that is why I am contacting Banks to know about their position on this.

Of course, this scheme is also for those interested. Those willing to keep the judicial battle up, will have our company all along the way- undoubtedly-

Thanks for your comments,

Kind regards,

Maria


Loco said:
Saturday, June 18, 2011 @ 2:27 AM

Clever Idea Maria,

So long as the places the banks and cajas are offering are priced correctly it is a win win situation.

The banks and cajas are now becoming desperate to adjust their balance sheets :)

Loco


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