The banks guarantees made by La Caixa for some Trampolín Hills purchasers just covered the money paid into the "special account", so the deposits transferred into different accounts, or pay by cash, used not to be covered.
And that was exactly happened to our client: he got a bank guarantee for the € 74,700 credited into the "special account", although the whole deposit paid to Trampolin amounted € 111,000 (the remaining € 36,300 were paid by cash).
GM LEGAL EXPERTS did enforce the bank guarantee for the whole amount paid to the developer, and not only the one covered by the guarantee, under the understanding that the 57/1968 Act states that the purchaser must receive a bank guarantee for the whole amount paid to the builder, no matter the way of payment, and his rights cannot be waived. Therefore, the agreement between the bank and the builder to guarantee just the money paid into the special account is not enforceable against the purchaser, to whom the bank must paid the deposit not covered by the guarantee as well, together with the legal interest.
And the Court from Barcelona has just ruled in our favor and endorsed this approach, confirming that banks cannot include on 57/68 guarantees limits to its liability and decide which amount is covered and which itsn't, specially considering that the Bank was able to know the circunstances of the purchase, as the bank guarantee was release several months after the payment was made.
It is a very important sentence, given that opens the door to other Trampolin's buyers whose bank guarantee just covered a part of the deposit, to claim the whole amount.
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Guadalupe Sánchez. Lawyer
GM LEGAL EXPERTS