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Mostrando entradas de abril, 2013

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

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CAIXABANK SENTENCED TO REFUND DEPOSIT PLUS LEGAL INTEREST TO PURCHASERS OF MANILVA COSTA (GARDENS OF MANILVA) UNDER THE PROVISIONS OF A GENERIC BANK GUARANTEE
First Instance Court of Seville has sentenced Caixabank to refund deposit, plus legal interest and defence cost, to GM LEGAL EXPERTS customers, who purchased a property to Manilva Costa in the resort "Gardens of Manilva". Althought their purchase contract wasn't signed by the developer, and deposits were paid to the Agent, Ocean View Property, the claim I filed at the Mercantile Court of Seville that is dealing with the bankruptcy proceeding of Manilva Costa was admitted by the Trustees in Bankruptcy and the developer, so we could move fast to the First Instance Court to enforce the generic bank guarantee that Caja del Monte (now integrated into Caixabank) signed with the developer.
in the process to enforce the generic bank guarantee, Bank was claiming as defence that guarantee was made to cover just about 2 million…

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

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GM LEGAL EXPERTS SUCCEED IN ENFORCING A BANK GUARANTEE FOR A VILLA IN POLARIS MAR MENOR GOLF RESORT 
We have suceeded in enforcing a bank guarantee for Mar Menor on the bases of the two months delay on the completion, and the lack of construction of the urbanization by time shown on purchase contract for the villa's completion.
Polaris contracts for Mar Menor state, in general, that properties will be delivered within 18 months from the starting on the building. To enforce this guarantee, GM LEGAL EXPERTS got documentary evidences that the habitation certificate for the villa was obtained with a delay of two months after the original deadline. Furthermore, we provided evidences that the urbanization was not finished by that time, although it was a major factor for our customer to purchase the property. 
Although the contract does not state a completion date for the whole urbanization, the Court' understanding is that the misleading content of the contract is not enforceable again…

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

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COPY OF A BANK GUARANTEE FOR SANTA ANA DEL MONTE ISSUED BY BANCO PASTOR SUCCESSFULLY ENFORCED
New ruling from Valencia Magistrates' Court confirms that copies of Bank Guarantees are enforceable, as long as there are no doubts about its authenticity or veracity.
In this specific case, GM Legal Experts claimed to Banco Pastor the delivery of the original guarantee by means of burofax (legal letter), and on its reply the Bank did not claim that guarantee was a fake. And this has been good enough for the Magistrates' Court from Valencia, in order to execute the copy of guarantee through the enforcement procedure.
Banco Pastor has been sentenced to refund to our customer the deposits paid to Herrada del Tollo, plus legal interest (calculated from the payment to developer) plus defence cost. This ruling definitive (Bank cannot appeal the decission).

EJECUTADA JUDICIALMENTE UNA COPIA DE UN AVAL BANCARIO PRESTADO POR EL BANCO PASTOR PARA LA PROMOCIÓN SANTA ANA DEL MONTE
Nueva resolución de…