Polaris - La Loma

Are there any other people out there that are suffering with obtaining bank guarantees from Polaris?  I seem now to be!  Originally I received a guarantee in my own name but returned it when switching the ownership into a company name.  I have been promised a new guarantee but nothing is forthcoming.

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 The Spanish Act where obligates Builder/promotors to give bank guarantees to the purchasers (Act 57/1968, de 27 julio) gives you the possibility to force Polaris to give the bank guarantee simultaneously at the time of paying. 

We have enforced many times Polaris to do so, and we have taking to Courts them as they have had a gross misconduct against purchasers. The only guarantee you have is the "Aval Bancario" as without it you are in a bad position. 

I recomend you to contact your solicitor in order  to bring them to Courts to give you bank guarantee or you will cancel the contract. You will see how prompty they answer. 

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Welcome in Alicante Lawyer!  Would we be able to know your name?

I need to add to your useful comments, that,  according to General Building Act of 1999, Developers who do not provide consumers with that Guarantee can be reported for a fine of 25% of the amounts they should have guaranteed. That can be also added as measure pressure for the obtaining of the Bank Guarantee. 

Also, there is Case Law which states that you can cancel your contract if you are not provided with a Bank Guarantee. Therefore the amount they might be losing if they do not provide the Bank Guarantee is: your full deposit plus interests accrued + 25% of that same amount...... they should consider stop playing the funny game shouldn´t they?

Best to you all,

Maria

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 Maria, that was one powerful post you just made.

I'm going to create a folder especially for the concise information you post on certain topics that so regularly crop up, I think.  I will refer members then to your post by a link. (The things I do on forums. )

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You are such a help.... a brilliant.... a sun..... an angel......a  star....... a pedazo de ayuda!!!

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Aw shucks, Maria.  

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Thank you for your urgently reply. Even if this is not a Lawyer forum where I understand things do not have to be specifically explained, please find below which are the possibilities whenever you claim to the Builder  and you have not received a Bank Guarantee (Aval Bancario):

1) you must apply for the full deposit paid. 
2) Interests accrued by the Act 57/1968, de 27 julio amended to General Building Act of 1999. (6%interest plus legal interest said on number 3 below). This is in case you have a bank guarantee.
3) Insurance Act article 20. You will be able to apply for the legal interests increased on 50% (annual)  from the application from the time you applied back the money paid and guaranteed by the bank until its paid. After 2 years from the previous claim mentioned interest will not be able to be less than 20%. (this is in case you have a Bank guarantee)
4) Article 1101 of the Civil Code. Damages and costs suffered included moral damages. (in some circumtances)
5) Costas. This are the costs involved (generally) for the Lawyer and Court runner.

Notice that all above mentioned must be studied case by case as this is just general information, as there are many questions between all this and many circumtances could arise.

It is important to claim both the Builder and the Finance Co./Bank in solidum (in case you want to cancel the contract by breach of contract because of delayment or gross misconduct by fault on giving you the Bank Guarantee) even though will be faster to execute the Bank Guarantee titlle. Notice that before start anything will be needed to apply to the Bank/Finance Co. the money Back plus 6% interests (by Burofax or Requerimiento Notarial). 

Apart from this as Maria said, must be informed to the consumer office (and attach it to mentioned Court claim preferably) in order to start the administrative file against the Builder/promotor which will may finalise by a fine with a maximun of 25% of the money paid.- Notice that this will be paid to the administration not to the consumer- 

 Most of the information above is for consumers who have a Bank guarantee and wants to cancel the contract receiving the money paid. But anyway chrisdashford, my answer below contest generally your question on which is the way to go now.

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Alicante lawyer, you're most welcome on our forum, we thank you.

Would you mind putting your firm's website as your signature please so anyone can contact them if they require paid help.

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Dear colleague, Alicante lawyer, please let me ask you:

As you said in a previous post:

"It is important to claim both the Builder and the Finance Co./Bank in solidum (in case you want to cancel the contract by breach of contract because of delayment or gross misconduct by fault on giving you the Bank Guarantee)"

Alicante lawyer:  I cannot see what action you would use in the above mentioned solution: if there is no Bank Guarantee in place... there is no Bank or Insurance Company to go against....

Am I missing anything...? If that is the case, I would be grateful for your response.

Thanks and of course,  said all the above with all the due respect towards you and your professional capacity.

And again... what is your name or your Lawfirm?

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Of course some of the information is given as general information included when it is in our power Bank Guarantee as I have seen in some forums that information is not totally correct.  The solution for chrisdashford is in my first answer (of course is my proffesional opinion). It is common sense that if someone do not have a Bank guarantee cannot act against the Finance Co. (you do not have to be a Lawyer to know this). The information below must be read as general information, some paragraphs are just whenever you have a Bank guarantee. (notice that I have remark when you have a bank guarantee, but I may need to explain better as i have read it again and I understand may be confused)

Which action would I take? basis on whatever action regarding mentioned in my previous messages must be started from "obligaciones recíporcas". This is not the place/forum  to inform exactly name of action or petitum of claim as the strategy depends on some circumtances ( derechos de los consumindores - clausulas abusivas- nulidad- obligaciones de hacer - pacta sund servanda - etc.) , as this is part of our daily work. That is why I insist saying this is general information and every situation must be studied especifically before starting a claim on Courts. In law 2+2 can be 3 or minus 50 and sometimes 4.

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Alicante Lawyer,


So you don't miss the question yet again,

WHAT IS THE NAME OF YOUR LAW FIRM?

We are awaiting your reply. We usually find   that self styled proffessionals are usually no more than barrack room lawyers, stating your firm's name will give some credibility to your posts. Thankyou.

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Many thanks for the responses!!  Much appreciated and amusing!  I now fully understand my position and will take action accordingly.

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Wonderful!  Please let us know on outcomes.
Best,
Maria

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