GM LEGAL EXPERTS WON CASE HACIENDA BUENAVISTA (SIERRA MAR DEVELOPMENTS, MIJAS): BANCO POPULAR IS HELD LIABLE FOR BUYERS DEPOSITS ALTHOUGH NO INDIVIDUAL OR GENERIC BANK GUARANTEES WERE GRANTED Although no individual or generic bank guarantees were given, we claimed Banco Populars liability under the provisions of the 1st article of the 57/58 Act First Instance Court from Marbella, because the account where deposits were paid into was really an special account, although Bank and Developer used the name ordinary. Our understanding is that the enforcement of mandatory laws must not depend on the good will of the parties and, obviously, should ensure protection for third parties acting in good faith (purchasers). Luckily, the Judge of the First Instance Court in Marbella was of the same opinion, and declared that account was really special, no matter the name given by the parties, so Bank should have made sure that deposits were withdrawn just for building purposes, and should have also requested the delivery of bank guarantees for buyers whose deposits were paid into that account. Therefore, Banco Popular has been ordered to pay deposit plus legal interest to those purchasers. This kind of judgements are unusual, but it seems that Courts are finally moving forward on purchasers protection justice and their knowledge and awareness about the 57/68 Act is increasing. gmlegalexperts.blogspot.es/2014/09/gm-legal-experts-won-case-caso-ganado.html
Posted on: Wed, 17 Sep 2014 14:03:47 +0000
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