If you have evidence of first stage deposit being made out to the builder, then in principle, is this not considered sufficient evidence for a claim to proceed against the Bank according to Ley 57/68?
The offplan development presumably was funded by a Bank (or Banks) who would be liable by law to protect all deposited monies associated with that development and developer, until such time as the off plan property was completed etc.. The Bank in the interim would have been liable to issue corresponding Bank Guarantee(s) to protect all deposited monies associated with that offplan development. So, presumably, if the BG was not made available, for whatever reason, and deposited monies were therefore left unprotected, the law has been broken. So do you actually need specific evidence of the Bank account where monies were deposited, for the claim to proceed, or is the evidence of monies being forwarded to the developer associated with that development sufficient in this case?
Presumably according to data protection the developer would have to authorise the Bank to disclose the information to prove where those monies were deposited, and that is hardly likely to happen is it?
Perhaps Maria, or Keith, or Guadalupe could clarify this principle?
If this evidence is required and the developer continues to refuse to provide the Bank account details where monies were deposited then can the developer be made to disclose these details by law?
This message was last edited by ads on 14/07/2012.