Dear readers, After years of protracted legal ordeal, stress and suffering, there is hope. Homebuyers affected by the property market crisis, are finally recovering the money they paid for holiday homes that were never built.
A landmark ruling in Spain’s supreme court in December 21st 2015 (STS 5263/2015) is the key. This Ruling takes as a reference point the important 57/1968 Act. The Ruling has allowed thousands of victims to claim directly from the banks rather than developers, who went into liquidation.
The “ratio decidendi” of the landmark Supreme Court’s Judgment can be summarized as follows:
1º) The claim must be submitted against the bank that actually received the deposits. This is irrespective from the fact that the bank actually opened (or not) a separate account for the deposits received. (see the Supreme Court decision, 16th January 2015. No Rec. 2336/2013)
2º) The bank will still be responsible even if the developer failed to issue bank guarantee certificates in accordance to the Spanish Act 57/68.
3º) The property must NOT be physically or legally completed (i.e, without the license of first occupation).
In fact, we have successfully helped many innocent buyers to recover their money back.
How to claim
If you believe you are eligible, you will need to forward us the following paperwork:
a) Private purchase agreement signed with the developer.
b) Proof of payments made into the developer’s account. (i.e. bank transfers, etc)
c) Other supporting documents, such as email exchanges, etc
Remember that time is of the essence, because after 7 October 2020, it will be too late to submit new claims. Our rate of success has been 100% so far!
Therefore, in conclusion, should you need help on claiming and recovering your money back, please kindly contact us or visit our website www.bestsolicitorsinspain.com. We’ll be glad to assist you in a timely manner.
At BZN Lex, we are trained to handle your situation, which will help ensure that your case is properly dealt with. This, in the end, will guarantee that the outcome will be in your favour.
Thank you very much for your attention, and we look forward to offering you the benefit of our “know-how”.
Mr Oscar Ricor