Bank successfully sued by British buyers who lost hundreds of thousands in payments up front to the bankrupt developer of Trampolín Hills.
Monday, January 23, 2017 @ 9:45 AM
Following the ground-breaking Supreme Court Ruling towards the end of 2016, making banks as guarantors responsible for amounts paid up front to developers who subsequently don’t complete the project, the Caixa bank has received yet another blow: it has to return 402,350 euros to the fifteen buyers in Trampolín Hills Golf Resort in Murcia.
The ruling, which can still be appealed, forces the bank to respond as a guarantor for the bankrupt construction company.
The buyers paid money on account of the Trampolín Hills development, which was promoted in 2006 in Campos del Río, Murcia, but never came to fruition.
The judgment was made by the Court of First Instance number 1 of Murcia, where the amount payable was estimated as a result of the lawsuit filed on behalf of the British buyers.
The fifteen British clients joined together to make their claim for the money they had paid up front for the purchase of their future homes that were never built. As in previous cases, the amounts paid in the bank by these clients were not entered into the required special account, opened for the exact purpose in favour of the promoter, but in another account of a different nature.
The Murcian promoter has been in bankruptcy since 2010 and there are numerous claims in process against them for fraud and civil claims in courts throughout Murcia and other Spanish provinces as well as in other parts of Europe, with allegations of fraud that are estimated to exceed 62 million euros.
We at Abad Abogados have filed numerous lawsuits against financial entities for the recovery of payments made to bankrupt promoters, so if you or anyone you know have suffered as a result of a similar situation then please do not hesitate to contact us so that we may review the legal feasibility of your case.