Bank Guarantee for Mar Menor Golf Resort Successfully Enforced

 We have suceeded in enforcing a bank guarantee on the bases of the two months delay on the completion, and the lack of construction of the urbanization by time shown on purchase contract for the villa's completion.

Although the contract does not state a completion date for the whole urbanization, the Court' understanding is that the misleading content of the contract is not enforceable against the purchaser, so as long as the contract does not state a different completion date for the urbanization, it should be completed by the time specified on the contract for the villa. The Court has also sentenced that the property is not completed entirely until the urbanization is not finished.

Further details on http://gmlegalexperts.blogspot.com.es/2013/04/gm-legal-experts-won-case-caso-ganado_14.html

Kind Regards,

Guadalupe Sánchez. Lawyer

GM LEGAL EXPERTS

 Hi Darren,

My clients have also filed a claim for the nullity of several contract absive clauses, but we all knew that outcome, because Cartagena Magistrate courts has a different criteria than the majority of the other regional courts.

As above sentences were not definitive yet, and my costumer hold a bank guarantee, the habitation certificate was obtained with 2 months delay, and the urbanization wasn't finished by the time they were called to complete, we enforced the bank guarantee in Valencia (which has a different criteria from Cartagena), and our claim has been admitted.

But every purchaser situation might be different, so I would need to take a look to paperwork to give an accurate advice. Pleas email me to guadalupe@gmlegalexperts.com, and I will list you the documents I need to check.

Best Regards,

Guadalupe