The Mercantil court from Seville has sentenced the cancellation of two purchase contracts for Gardens of Manilva, phase I, together with the registration of the deposit paid as credit in the Bankruptcy proceeding; despite the money was paid to the agent, Ocean View Properties, and purchase contract wasn't signed by the developer, Manilva Costa S.A. (who originally refused to have received the deposit).
The claim filed by our Firm to show the contractual relationship with the builder and get the contracts cancelled and the deposit registered as credit has been finally admited by the defendants (Manilva Costa and the Trustees in Bankruptcy), so our clients are ready to enforce the Bank Guarantee granted for the whole phase I by Caja de Ahorros de Huelva y Sevilla (now Caixabank).
The claim has been managed within three months time, so our clients have saved lots of money and time (other purchasers in the same position are still waiting for ordinary courts to sentence).
Our clients' position against the Bank has improved substantially, because at the beginning of the process the couldn't even show that money was paid to builder for purchasing an off plan property (contracts not signed, deposit paid to the Agent, builder refusing to have received it), and now the deposit paid is registered as credit and the purchase contract cancelled. This brand new position allows them to start now legal proceedings against the Bank to enforce the bank guarantee for the recovery of their deposit plus legal interest.
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Best Regards,
Guadalupe Sánchez. Lawyer
GM LEGAL EXPERTS