Hi everybody,
over the last few months a did not have time to post here, but today is bank holiday so I would like to inform those purchasers who have already joined actions against banks (or are considering to do it) to claim for the refund of their deposits that the Magistrates' Court from Burgos has sentenced again a Spanish Bank to refund the deposit to a purchaser under the provisions of a generic guarantee and the 57/68 Act. The Court understands that the lack of delivery of an individual guarantee to the purchasers, the lack of payment of the deposit into an special account, or the "supposed" lack of knowledge of the purchase contract by the Bank, are not enforceable against the buyer, because those are developer's duties, whose breach can't affect the purchaser, as long as he/she fulfilled his/her contractual obligations.
Copy of the aforementioned sentence was posted on my blog a few months ago: http://gmlegalexperts.blogspot.com/.
Best Regards,
Guadalupe Sánchez