RECOVER MONEY INVEST IN THE PURCHASE OF A HOME DEVELOPER FAILS IF SELLER. THE IMPORTANCE OF THE TO ENDORSE THE QUANTITY OBLIGATION DELIVERED TO ACCOUNT IN THE PURCHASE OF PLANS TO ENSURE HOUSING QUANTITIES DELIVERED. LAWYERS IN SPAIN
RECOVER MONEY INVEST IN THE PURCHASE OF A HOME DEVELOPER FAILS IF SELLER.
The Law 57/1968 of 27 July, Regulating the sums advanced by Perceptions of the construction and sale of homes, it is the states obligation That of housing developers secured by bank guarantee or secure the Amounts paid in advance by buyers.
This law Also Gives the obligation, essential for the buyers to recover the money paid on the account plus legal interest from the Payments That Were When the developer made does not get to start work on time or Deliver the property later.
It is required by law Also of the Act There Is a construction start date and date Promises in the contract. And in the contract Should Indicate Commitment to Ensure the STI Amounts paid on account by a bank guarantee or insurance to Ensure the possible non-delivery of Promise housing. You Must Also included in the contract to the mandatory obligation to return the money if the property is not Delivered on time.
These Obligations For despite, as we say, are imperative for the developer and Their rights are waiver for the purchase, Many developers do not include in the contract and what is Worse, do not subscribe to the Corresponding bank or insurance guarantee in behalf of buyers . How terrible if this situation Is That There Is No guarantee or insurance, That for Some Judges and provincial hearings is an essential element of the contract, so does not ENTITLE Their failure to terminate the buyer the contract and demand the return of money paid.
This office know of Any case Your Honor That You Understood That failure of the delivery date by more than one year is not an essential condition of contract for failure to Include this clause the rule of law That Should Have Been Included in the contract.
So from Arriaga That Care Associates Strongly recommend to check the contract included the That construction start dates and the date of delivery of housing in a Fairly clear. They Must Ensure That You Have Also included in the contract the obligation to return the money plus interest paid for delay in compliance With The delivery of housing. And more importantly, WHO undertaker to underwrite insurance or guarantee for the buyer of the house.
After a short time if the developer does not submit the bank guarantee or insurance for the buyer it must do to know definitively That It Should Be Done Immediately. If the seller does not give the guarantee, please claim the money and do not continue.
Associates have managed to Arriaga recover the money to homebuyers With No Guarantees, But The Lack of Them have generated much anguish and suffering tribulations buyers.
If you claim the money pending a promoter we have failed to Comply Suggest you contact us. We have experience in it.
Maria Jesus Ruiz de Arriaga
Lawyer, Economist. Associate Director.