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Mostrando entradas de enero, 2013

LEGAL NEWS / NOVEDADES LEGALES

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RELEASED A GENERIC BANK GUARANTEE FOR RESIDENCIAL SECUOYA (JOEL HOMES DEVELOPMENT)
It is time for important discoveries. Last week we got access to the Generic Guarantee agreement signed with Joel Homes with BANCAJA  (now BANKIA) for the development "RESIDENCIAL SECUOYA" in Cuevas del Almanzora (Almeria).
As previously posted, most recent precedents from Magistrates' Court state that the lack of an individual guarantee doesn't prevent the purchaser to claim the refund of the deposit to the Bank or Insurance Company, as the builder's failure to deliver a guarantee is not enforceable against the purchaser, whose rights are protected by a mandatory law (57/68 Act) and cannot be waived. Therefore purchasers in Residencial Secuoya are entitled to claim to the Bank the refund of the deposit, plus legal interest, on the generic guarantee basis, although they don't hold an individual guarantee.


DESVELADA LA EXISTENCIA DE UNA LÍNEA DE AVALES PARA EL RESIDENCIAL SECUOYA (…

LEGAL NEWS / NOVEDADES LEGALES

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GM LEGAL EXPERTS IMPORTANT DISCOVERY: DEPOSITS PAID TO SOLERA EL TRAMPOLIN FOR ROYAL DREAMS OF ALBUDEITE ARE COVERED BY A GENERIC GUARANTEE!!!
We have made a extremely important discovery that could change life of purchasers who paid deposits to Solera El Trampolin for properties in Albudeite: their money is covered by a generic guarantee signed by Solera el Trampolin with the Insurance Company BTA DRAUDIMAS. Purchasers of Albudeite never received individual guarantees, but as informed on previous post, most recent precedents from Magistrates' Court state that the lack of an individual guarantee doesn't prevent the purchaser to claim the refund to Bank or Insurance Company, as the builder's failure to deliver  a guarantee is not enforceable against the purchaser, whose rights are protected by a mandatory law (57/68 Act) and cannot be waived.


IMPORTANTE DESCUBRIMIENTO DE GM LEGAL EXPERTS: LAS CANTIDADES QUE SE ANTICIPARON A SOLERA EL TRAMPOLIN A CUENTA DEL PRECIO DE COMPRA DE…

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

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TWO DEFINITIVE RULINGS FROM VALENCIA MAGISTRATES' COURT SENTENCING CAIXABANK TO REFUND DEPOSITS PAID TO TRAMPOLIN HILLS COVERED BY BANK GUARANTEES, DESPITE PURCHASERS JUST HELD COPIES AND GUARANTEES WERE CANCELLED BEFORE THE NOTARY

Back to blog and proud to announce our latest judicial successes.
On previous posts we informed about two rulings from the First Instance Courts from Valencia sentencing Caixabank to refund the deposit, plus legal interest and defense cost, to purchasers who just held a copy, as the original was cancelled before the notary and given back to Bank.
As you could imagine, both rulings were appealed by Caixabank. But the Magistrates' Court from Valencia has just rejected those Appeals, and confirmed that copies of bank guarantees are enforceable THROUGH THE EXECUTION PROCESS (and not the ordinary) as long as Bank doesn't claim copies to be a fake. Regarding the cancellation before the Notary, Magistrates' Court states that bank guarantees given unde…