Legal tip 277. Low cost action against Banks. Manifesto by Costaluzlawyers

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29 Aug 2010 12:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 forum posts Send private message

mariadecastro´s avatar

 

This message is brought to you by Costa Luz Lawyers in association with Eye on Spain

 Because we see this is what is needed in the most of the cases were people bought off plan and did not receive a Bank Guarantee,

 

 

Because claimers are frustrated and tired of waiting for years for actually receiving the refund of their money after a Court Decission being won in Courts, due to poor financial status of developers now,

 

 

 

 

 Because it is a great tool to try to put some correction to the financial system in off plan purchases for the protection of buyers so we can be sure these current problems will not happen again in our country,

 

 

 

 

Because we need to show to foreigners that Spain has a strong and coherent legal system,

 

 

 

 

 Because we can offer low cost action to groups of people under the rules of our professional ethical code,

 

 

 

 

 Because Banks lack of control of Guarantees on deposits by individual people of off-plan purchases have been the necessary element without which the current off-plan disaster in Spain would have never happened,

 

 

 

 

 Because Law 57/68 makes them clearly liable for the lack of Bank Guarantees,

 

 

 

 

 Because we have been studying this action for months with the help of a first class Law Professor who is available to answer questions in Court regarding the report he produced for us,

 

 

 

 

 Because it is necessary, mainly because you need it

 

 

 

 

 We are offering to all the EOS members the possibility of joining existing actions against Banks under provision 1.2 of Law 57/68 at a much reduced cost.

 

 

 

 

Main ground of Law 57/68 is the protection of money advanced by individuals before construction work begins or during it, in many cases the savings of a lifetime.

 

 

 

 

The actual preamble or “exposición de motivos” of the said Law establishes that all the "abuses in this type of businesses have made as necessary the establishment of general preventive rules which will guarantee both the real and effective application of money advanced by purchasers and prospective customers to the building of the house and to the refund in the event that the building does not take effect".

 

 

 

 

The most preventive, general, inalienable obligation that this Law established was for banks or savings banks, where money was paid to by buyers, to secure the establishment of Bank Guarantees or insurances policies, UNDER THEIR LIABILITY. Banks were therefore here established as guardians of Law 57/68 with express obligations of:

 

 

 

 

1)    Place those deposits in special accounts

 

2)    Control the destination of funds to building works

3)    Verify on the existence of the Guarantees required by Law 57/68

 

 

Please contact us here: web@costaluzlawyers.es if you want further information about this.

 

 

Have a great week,

Maria L. de Castro

 

"The port of Tarifa (Cadiz)", by Luis Lopez-Cortijo

 

 

 

 

 

 

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


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06 Sep 2010 1:43 PM by M11block Star rating. 179 forum posts Send private message

Is there anyone watching this site and the Sierra Golf forum, who is still in England and wondering what is going on with the Sierra Golf site, the houses that they chose in 2006 already built and seen the roads and pelican crossing being built around them.

I dont want to put a damper on any of those living on Sierra Golf who sound like you are having a great time and have built a wonderful community, but this message is intended for all those from M11,M12 M54 and all the other block who have a lot of their money tied up in a ghost half of a thriving golf community . If there is anyone reading this message can you tell us how many have heard anything in the past 3/4 years, if anyone has actually moved in, if anyone has heard from Masa or their estate agents or are you all sat in England like us desparate to get their deposit back. R




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