The first instance court number 5 of San Javier ( Murcia), in its judgment 90/17, of July 10 2017, asked that Bank P to pay back the money lost by our clients, Mr. L and Ms M, represented by White Baos Lawyers in the court case, in their purchase of an off-plan property in the urbanisation, TERCIA REAL, developed by Proyectos y Desarrollos Urfesan SL, which was never handed over to them.
On the court decision, the court understood that it has been proven that the complex and the property purchased by our clients off-plan was never completed, nor was it handed over to our clients, the buyers, who were also consumers.
Also, as stated in our claim, the judge has understood that despite the regulatory change that took place in 2016, the Law 57/1968 is applicable to the purchases off plan which took place prior to 1/1/2016, because the law changed has no retroactive effects.
In addition, it was proven that the defendant and convicted bank had a general bank guarantee line with the developer, for a total amount of € 3,000,000, under which it undertook to issue bnak guarantees in favour to buyers off plan on the Tercia Real promotion.
Likewise, it was proved that the bank entity also, was the bank that received the money paid as per the contract by our clients, on the bank account that the promoter had with this bank.
Thus, the court as requested in our court claim, and taking into account the double responsibility of this bank in this case, as the bank who granted a general bank guarantee line to guarantee the payments on account done by the buyers of this complex, and also for being the bank which received in its account the money paid by the buyers, has fully agreed with our claim, and has condemned the bank to:
– Return the € 81,966 paid years ago by our clients.
– The bank must pay the legal interest of the said amount, from the moment when it was paid until its final return.
– The bank must also pay for the costs of the court case, (expenses of lawyers and procurators).
Therefore, if you lost your money buying a property off plan, if the developer is insolvent or has disappeared, if you bought in the urbanisation TERCIA REAL, promoted by URFESAN, or any other, let us help you, we are experts , Contact Us.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel:+34 966 426 185
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