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lunes, 4 de septiembre de 2017

NEW CASE WON: ALMANZORA COUNTRY CLUB, HOW TO GET THE MONEY BACK

From several years, Guadalupe Sánchez has been travelling all around the country helping buyers to recover deposits invested in failed property developments. In this specific case, our customer paid a large deposit to Huma Mediterráneo for a property in Almanzora Country Club, in Almería.

Although she got an individual bank guarantee from Bankinter, just a small part of the deposit was covered by the guarantee.

After a long process, where many documentary evidences were produced, First Instance Court in Madrid has sentenced Bankinter to refund the whole deposit paid to Huma Mediterráneo, plus legal interest and legal fees, because understands that 57/68 Act it's a mandatory law, so bank guarantees should cover the total amount paid instead of a lower one agreed by bank and developer, against the law and customer interest.

But it's possible to pursue a refund to Banks even without holding an individual bank guarantee: under the provisions of the generic bank guarantee, or suing the Bank which was the custodian of the money, given that the 57/68 Act states that banks which accept to receive deposits from buyers into accounts opened in the name of developers should request individual bank guarantees under their own liability.

For further queries, please contact us at info@gmlegalexperts.com

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