20 Oct 2009 7:11 PM:

What would be the best course of action in our case?

Our deposit is in a special account with La Caixa, we have the account number and it is stated on our contract.  We have also been to see the manager of La Caixa in Murcia and we have seen for ourselves the funds on the computer in our name.

When we asked for it back because of failure of the builder to deliver the property in time (also they still dont have permission to build) we were told that we needed the bank guarantee document.  Our solicitor has repeatedly asked the builder for this and we have have asked in person and by email and letter, but they have ignored all requests.

Our solicitor has told us that we now have to take the builder to court to get  our deposit back, even though the bank agree that the builder is in breach of contract.  Is this correct advice or should the bank release the funds?

Our solicitor has also attended the notary office asking for the builder to deliver the BG and when they didn't turn up made a further appointment for them to deliver the keys to the property, which they obviously couldn't do.  This was done on the advice of the bank

Cathy

Thread: BG and The Lawyers Responsibility

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