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Mostrando entradas de noviembre, 2012

GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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CAIXABANK SENTENCED TO REFUND THE DEPOSIT PAID BY CASH TO TRAMPOLIN HILLS, DESPITE THE BANK GUARANTEE WAS JUST MADE FOR THE AMOUNT PAID INTO THE "SPECIAL ACCOUNT"
The banks guarantees made by La Caixa for some Trampolín Hills purchasers just covered the money paid into the "special account", so the deposits transferred into different accounts, or pay by cash, used not to be covered.
And that was exactly happened to our client: he got a bank guarantee for the € 74,700 credited into the "special account", although the whole deposit paid to Trampolin amounted € 111,000 (the remaining € 36,300 were paid by cash).
GM LEGAL EXPERTS did enforce the bank guarantee for the whole amount paid to the developer, and not only the one covered by the guarantee, under the understanding that the 57/1968 Act states that the purchaser must receive a bank guarantee for the whole amount paid to the builder, no matter the way of payment, and his rights cannot be waived. Therefore,…

GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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COURT FROM VALENCIA ENFORCES A TRAMPOLIN'S BANK GUARANTEE COPY FROM LA CAIXA THAT WAS CANCELLED BEFORE THE NOTARY
As you probably know from previous posts of mine, the rights recognized by the 57/68 Act cannot be waived, so any clause or agreement against the rules of Act could be claimed void and, consequently, wouldn't be enforceable against the purchaser.
And this reasoning has been used by the Valencia First Instance Court to reject the opposition lodged by Caixabank against the enforcement of a bank guarantee's copy that I did file on behalf a purchaser of Trampolin Hills Golf Resort.
In this specific case, the purchaser just held a copy of his bank guarantee because the original was given back to the developer and the Bank and was also cancelled before the Notary, after being promissed that Bank would release a new bank guarantee, which included an extended expiration date and the name of the other buyers stated on contract. But, as you probably imagine, the Bank never …